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"id": 944775,
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"type": "speech",
"speaker_name": "Ruaraka, ODM",
"speaker_title": "Hon. T.J. Kajwang’",
"speaker": {
"id": 2712,
"legal_name": "Tom Joseph Kajwang'",
"slug": "kajwang-tom-joseph-francis"
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"content": " I appreciate, but I have not seen the strength and stamina which I saw from most ladies of this House as they pursued the question of amendments of the Constitution to provide for gender. That stamina is kind of lacking. But anyhow, I just want to make it clear that this is the only way in the architecture of the Constitution by which issues of gender can be mainstreamed in the Constitution. You know that Judiciary took a rather deem view of the Constitution. I heard many judges saying that the National Assembly would be scrapped because we had not operationalised the issue of gender not knowing that Article 100 of the Constitution is the only one which expects the National Assembly to operationalise. Those others are in the hands of the State. The Constitution is very clear that it is the State organs and the Executive that need to operationalise those sections. It is only Article 100 which is in the hands of the National Assembly. When we amend this Bill suitably, in my view, the National Assembly shall have done its duty to operationalise sections of the Constitution which demand gender parity. There is need to put more input to this Bill. One of the things I see that will give problems is the definition of “ethnic communities”, “minorities” and “marginalised communities”. I have seen the Bill has tried to explain what special interest groups are by lifting the Constitution’s definition in Clause 4 and in Clause 7 on political parties. I do not know why the framers of this Bill fear the word “tribe”. When you talk about “ethnic”, you are really talking about tribe. There should be homogeneity of persons who speak the same dialect. When you say that ethnic and other minorities mean a group that is not the dominant one in a given society, that definition is boring to me because it does not explain what this ethnic and other minorities are. It should talk about the dialect or the tribe spoken by some homogeneity group within that community. This is a big problem. Where my mother was lucky to have given birth to me, I live amongst some people called the Suba. I am Luo living amongst the people called Suba. There is a lot of discussion as to what makes a person a minority and what makes a person dominant. It is a question which is left more on evidence which cannot be precise. I think there is need for some more precise definition on this term called ethnic and other minorities, so that we can know."
}