MPs urged to enact two-third gender rule law before Parliament adjourns

The National Gender and Equality Commission (NGEC) has petitioned Parliament to enact laws to bring into effect the two-thirds gender rule.

NGEC Chairperson Dr Joyce Mutinda said though Members of Parliament had failed to enact the said legislation, political parties have no choice but to comply with the two-thirds gender principle when nominating candidates for parliamentary and senatorial elections.

Dr Mutinda noted that political parties were bound by the April 2017 High Court ruling on adherence to the respective provision as the judgment delivered by Justice Chacha Mwita remains valid.

In the ruling, the Judge directed the IEBC to reject any nomination list of a political party for its candidates for the 290 constituency-based elective positions for members of national Assembly and 47 county-based positions for the member of the Senate that do not comply with two-thirds gender rule.

And with the Senate and the National Assembly set to adjourn indefinitely in June, to give MPs time to campaigns Dr Mutinda says it’s unfortunate that 12 years since the promulgation of the new Constitution in Kenya the country is yet to enact a law on the achievement of the two-thirds gender principle

She said, “The best gift legislators can give Kenyans before their term ends is to enact legislation to promote special interest groups including women, youth, persons with disabilities, ethnic minorities and marginalized communities representation in parliament as envisaged in Article 100 of the Constitution.”

Addressing the media in Nakuru Dr. Mutinda stated that constitutional imperatives designed to guarantee equality and inclusion of special interest groups in public offices should be backed by sound legislation, administrative rules, regulations and guidelines.

While urging political parties to complete nominations in good time to allow for dispute resolution mechanisms as provided by law, NGEC called on party leaders to take measures to formulate rules and regulations proposed to actualize the two-thirds gender principle during nominations for the Members of Parliament (MP) and Senate candidates.

Dr Mutinda further urged political parties to ensure that venues and materials during nominations were friendly to persons with disabilities and the elderly, especially those who were illiterate and lactating mothers.

“Leaders of political parties should be prevailed upon to pledge their unequivocal support towards realization of the not more than two-thirds gender principle in both elective and appointive positions,” She stated.

The Chairperson said campaigns need to be conducted in a civilized and secure environment to enable law enforcement arms to provide adequate security to women and persons with disabilities who may be subjected to acts of violence.

She challenged political leaders to be at the forefront of encouraging special interest groups to register and participate in electoral processes including vying for various elective positions