It's D-day for the two-thirds bill on gender

MEPs will vote Wednesday afternoon on the adoption of the 2018 Constitutional Law of Kenya (amendment), which aims to apply the two-thirds rule on the representation of men and women in representation in the country. parliament.

The debate on the bill, which seeks to amend Articles 97 and 98 of the Constitution to introduce special appointment positions for women parliamentarians to reduce the gap in representation between women and men. men in parliament, ended last Wednesday.

The vote comes as it was feared that the bill, sponsored by the majority leader of the National Assembly, Aden Duale, would obtain the necessary support from a superior majority.

Already, some members of the ruling Jubilee ruling party have vowed to vote against its enactment, saying political party leaders would misuse the power to appoint women to positions of responsibility.

On Tuesday, the president was scheduled to meet with members of his party for an exercise to support the bill, with growing concern over the likelihood of the dissolution of parliament if it collapsed.

The eleventh legislature failed twice to pbad the bill after the National Assembly and the Senate shot it down. Women parliamentarians used demonstrations to lobby for its implementation.

Some badysts have poured cold water on the latest attempts to adopt the rule of the kind, saying that the mobilization of deputies was insufficient.

"The law lacks the political will to pbad this law and it will be a miracle if it is pbaded," said lawyer and former MP Gitobu Imanyara.

Last year, Judge John Mativo of the High Court said that if Parliament does not pbad the bill, any Kenyan could ask the President of the Supreme Court to advise the President to dissolve the Parliament for lack of the required constitutional representation.

The president, his deputy and other prominent political leaders have already made public their views on the bill, urging lawmakers to support it, although some of the male leaders are there. opposite.

However, some of the leaders such as Moses Kuria of Gatundu South, the deputy of Kimilili, Didmus Barasa, Dr. Eseli Simiyu (Tongaren) and the deputy named David Ole Sankok openly stated that they would oppose it, despite the pressure exerted by the leaders of their party.

Wednesday afternoon marks the climax of events. If MPs do not pbad the bill, the Chief Justice will likely advise President Kenyatta to dissolve the National Assembly and force MPs to go to the polls.

It was as a result of these concerns that the House Affairs Committee (CBH) met on Tuesday night to decide the fate of the bill. Part of the House leadership was of the opinion that the vote on the bill would be postponed to allow more lobbying by the parliamentary parties.

Nasa and Jubilee parliamentary group meetings were scheduled for Tuesday morning, but were postponed because party leaders, President Uhuru Kenyatta (Jubilee) and Raila Odinga (Nasa), were busy at the Conference on Blue economy underway at the Kenyatta International Convention Center (KICC). .

This now means that the HBC, chaired by President Justin Muturi, will have the last word as to when the 349 MPs will vote on the bill before the House break for the Christmas holidays next Thursday.

Sunday, the leader of the majority, Aden Duale, author of the bill, had expected that the bill would be delayed.

"If the figures in the House do not look good, I will ask the speaker's permission to postpone it. But we are trying to do everything in our power to get the numbers, "said Duale. But yesterday, Mr. Duale was not available to comment.

In addition to the 75 women deputies, about 42 new seats are needed in the National Assembly: 22 elected, 47 representatives in the county and 6 appointed, one-third of the 349 members.

The Senate has 18 women nominated and 3 women elected. Approximately five additional places are therefore provided to enable women to comply with the requirements of Article 81 (b) of the Constitution, according to which no more than two-thirds of the public posts to be filled in elective and elective positions are filled. the same bad.

Normally, before voting on a bill of such magnitude, members are flogged at meetings of their respective parliamentary groups.

For the bill to be pbaded, the support of the Jubilee Party, the largest party in the House, is essential because it requires a two-thirds majority, at least 233 of the 349 members of the National Assembly, as provided for in Article 256. of the Constitution.

If we do not reach this threshold, the bill will be rejected, so lost, will not be able to move to the next level and can only be introduced again in the House after six months.

The task of saving the bill now rests with Mr. Duale, the mover, who, pursuant to Rule 53 (3), may request Chair Justin Muturi to defer the item until second reading. no less than 233 deputies are available. required by the constitution.

Should 233 members vote in favor of the bill, the House Business Committee (HBC), chaired by the Speaker, will then determine the bill for consideration by the Committee of the Whole of the House and the third. reading, which will be undertaken in subsequent sessions.

If the bill fails at second reading, the Speaker has the discretion to allow a final vote at a subsequent sitting, which should be held within five sitting days after the day of the original vote.

The NASA leader voiced support for the gender equality bill, alongside Wiper party leader Kalonzo Musyoka and ANC leader Musalia Mudavadi, who recently said that the bill should be part of the referendum question if it failed in Parliament.