Bi-partisan approach good but political goodwill crucial

By Silas Apollo

The National Assembly’s decision to adopt a bi-partisan approach towards addressing the two-thirds gender principle is the latest attempt by legislators to address the elusive gender parity in government.

The National Assembly, under the leadership of the Leader of Majority Kimani Ichung’wa, said that it would use a collaborative method from both sides of the House to enact gender representation.

According to Mr Ichung’wa, the decision follows a meeting with female legislators and leaders across the country over the failed implementation of the constitutional threshold in leadership, especially in Parliament and other government positions.

“Parliament is ready to embark on the journey of resolving the matter. Let me give you my highest assurance that the office of the Leader of the Majority will not be in any way a stumbling block to the achievement of the two-third gender rule,” Mr Ichung’wa said after a meeting with the East Africa Women’s League last month. 

But even as the National Assembly mulls the new plan to resolve the issue, previous failed attempts by both Parliament and the executive to implement the Constitutional provision have often been termed by critics as a lack of political goodwill to address the matter.

A new Bill has since been proposed by nominated Senator Beth Syengo to compel both the Senate and the National Assembly to configure the composition of both Houses and create additional positions for women.

Senator Syengo, through the Constitution of Kenya Amendment Bill, 2023, says that by restructuring the House, Parliament will have helped implement the elusive matter.

“This Bill seeks to amend the Constitution to give effect to the two-thirds gender principle through the creation of special seats that will ensure that the gender principle is realised in Parliament and further that the state takes legislative, policy and other measures including the setting of standards, to achieve the realization of the principle,” Ms Syengo says.

The proposal by Senator Syengo and that of Mr Ichung’wa are, however, not the first attempts by Parliament to address the matter.

Previous attempts by the previous administration as well as Parliament, to enact the rule failed after several attempts.

The executive, including President William Ruto, has also been accused of failing to adhere to the principle during state and government appointments, including his recent appointment of cabinet secretaries and their principal secretaries.

While campaigning and during his inauguration at Kasarani last year, the President argued that his government would, among other things, rally MPs to pass two-thirds gender rule.

But upon assuming office, Dr Ruto is yet to rally MPs to address the matter. His cabinet has also been accused of failing to adhere to the gender parity rule, despite the promises he made to include more women in the cabinet.

According to Article 27 (8), the Constitution on equality and freedom from discrimination requires that the state take legislative and other measures to implement the principle that not more than two-thirds of the members of elective or appointive bodies shall be of the same gender.

However, the country is yet to achieve the same in close to 12 years since the Constitution was promulgated in 2010. 

Even an attempt by retired Chief Justice David Maraga to petition former President Uhuru Kenyatta to dissolve Parliament for failing to resolve the matter failed.

Other petitions filed in court to compel both the executive and the legislative arms of government to address the matter have also failed to bear much fruit.

Ms Christine Nkonge of the Katiba Institute says that the delay in enacting the gender principle in elective and appointive government offices has been mainly due to a lack of political goodwill.

“True affirmative action means that those who have spent lifetimes perched on others’ shoulders have to climb down and offer their shoulders to be trampled upon too. This is what the legislation to enforce the two-thirds gender rule will demand. It is the time for patriarchy to yield, at least to some extent,” she said. 

“If our parliamentarians decide to be adamant about disobeying the Court, they better be ready to be consumed by the unrelenting wave of a transformative Constitution. The scenario demands a front-row seat to watch what unfolds next,” she added.

Mr Ichung’wa, while defending Parliament on its recent proposals on the matter, said that the Majority leader’s office will not hinder the achievement of two-third gender rule.

“My office will be a facilitative office and your number one mobiliser in the national assembly to ensure we achieve this rule for the betterment of the country,” the Kikuyu MP said.