On 20 November 2018, Members of Parliament opened debate on the Constitution of Kenya (Amendment) Bill, a proposal aimed at creating more women’s seats in the National Assembly and helping Parliament comply with the two-thirds gender rule.
The Bill, commonly called the Two-thirds Gender Rule, would amend Article 97 of the Constitution to establish special seats for women. Those seats would be allocated by political parties according to their strength in Parliament.
The proposal is tied to Article 81(b) of the Constitution, which requires public bodies, including Parliament, to observe the two-thirds gender principle. If enacted in its current form, the measure could cost the country about Sh60 million every month in salaries and allowances for the additional MPs.
Majority Leader Aden Duale urged lawmakers to back the Bill, warning that failure to pass the required law could expose Parliament to a petition seeking its dissolution. He told the House: “Today is a historic day for the 12th Parliament. Let us vote for this Bill because the only persons who carried us for nine months are our mothers,” and added, “Every man sitting here has a special place for our mothers, our sisters and daughters.”
The debate comes against a clear gender gap in the House. Parliament has a deficit of 42 women, with only 75 elected or nominated members against a target of 117. In the Senate, 19 women are serving, leaving a shortfall of four.
Supporters of the rule say it is meant to correct political marginalisation and give women the experience needed to compete more effectively with men. Duale pointed to Uasin Gishu Senator Margaret Kamar and MPs Naisula Lesuuda of Samburu West, Martha Wangare of Gilgil, and Janet Teiyaa, the Kajiado Woman Representative, as examples of women who first entered Parliament through nomination in the 11th Parliament and later won elective seats in 2017.
Not everyone in the House was satisfied with the proposal. Kangema MP Muturi Kigano tried to have the Bill dismissed on constitutional grounds, but Speaker Justin Muturi ruled him out of order. Kimilili MP Didmus Barasa also raised concerns about the method of nominating the extra MPs, saying: “We are not opposed to women getting more seats. What we want to know is the formula to be used because our women will be at the mercy of their party leaders,” he said.
The Bill’s supporters say it is one of the key steps needed to actualise the Constitution’s gender provisions, but the debate also exposed the political and financial questions that continue to surround the plan.
