The technical working group on the realization of the two thirds gender principle which is convened by the National Gender and Equality Commission (NGEC) has recommended the lifting of Article 177 (1) (b) and (c) of the Constitution and importing it in Article 97 and 98 of the constitution for representation in the National Assembly and Senate respectively as a formula to realize the two thirds gender rule. The move will not require a referendum but through a parliamentary initiative.
Addressing the media at a breakfast meeting Thursday, NGEC Chairperson Winfred Lichuma said the proposal was arrived at after exhaustive consultations with Kenyans and stakeholders and both local and international constitutional experts on the matter.
According to Lichuma, the proposal will guarantee the precise realization of Article 81 (b) on the two -third gender rule in political representation after the 2017 elections. It will also see an increase in the number of members of marginalized groups including persons with disabilities and the youth.
The proposal will also enact the law envisaged in Article 177 (1) (c ) and 100 of the Constitution of Kenya 2010 that calls on parliament to enact such law promoting representation of the marginalized groups who include women, persons with disabilities, youth, ethnic and other minorities and marginalized communities.
The Chairperson also revealed that the technical working group had forwarded to the Attorney General Githu Muigai a raft of proposals for consideration but hoped he would agree with the group’s recommendations.
On 11th December 2012, the Supreme Court of Kenya delivered a majority decision that the realization of the two-thirds gender principle under Article 81 (b) is progressive. In its ruling, the Supreme Court directed that Parliament is under an obligation to have a framework on realization of the two third Gender Rule by 27th August 2015.
“We expect Parliament will rise to the occasion and do the right thing to avert a constitutional crisis after the 2017 election”. Said Lichuma
Formula for realizing two thirds gender rule unveiled