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"id": 919796,
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"type": "speech",
"speaker_name": "Hon. Speaker",
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"content": "I hope Members will be happy to also look at this Bill. Apart from just actualising Article 100, which is the only Article that imposes an obligation, it provides that Parliament shall enact legislation to provide for representation in Parliament of women, youth, persons with disabilities, marginalised communities and minority communities. Maybe, the elderly could be considered as minorities, if you consider the demographics of modern-day Kenya. It is true that Article 100 imposes that obligation on Parliament, but Article 27 merely requires the State to take legislative and administrative measures to ensure that no more than two-thirds of either gender is represented in appointive and elective bodies. You go and check Article 27(8). Article 100 refers to Parliament, while Article 27 refers to appointive and elective bodies. You know bodies, like football associations. There are many bodies. Article 27, which is in the Bill of Rights, deals with appointive and elective bodies and requires the State, not Parliament… It is fair that everybody understands that Parliament is not the only arm of State. Just look at Article 27. State is not Parliament. It is the State and Article 81 addresses itself to the electoral system. The electoral system in Kenya is first-past-the-post. All of us here are just products of the current electoral system. We have not been told to change the electoral system. It is the electoral system to ensure again not more than two-thirds of either gender is represented. So, the specific Article of the Constitution that places an obligation on Parliament is Article 100. You can go and check the Fifth Schedule. There is nothing that says that Parliament shall amend the Constitution to ensure that not more than two-thirds of either gender is represented in appointive and elective bodies. It is only Article 100. We should commend our CIOC for having come up with this Bill which seeks to amend several other laws, including the National Gender and Equality Commisiosn (NGEC) Act, the Elections Act, and the Political Parties Act, among others. Therefore, this is the Bill that will, at the end of the day, see to it that what is stated in Article 27 of the Constitution may be achieved with regard to Parliament, as a publicly elected body. I have not excluded Parliament from being one of those, but the obligation of ensuring that can only be achieved through implementation of Article 100. This is one of the attempts. The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}