Panel postpones move for gender rule in Parliament

Gender top-ups will not happen in the current Parliament, a joint committee of the National Assembly and Senate has resolved.

The House teams, in a review of the National Dialogue Committee report, said it would be overambitious to implement the top-ups now.

The Justice and Legal Affairs Committee of the National Assembly and Senate want the changes to follow after the next election.

A task force on the gender principle working under Nadco had recommended the top ups where the two-thirds gender principle is not met in the National Assembly and the Senate.

The task force, which was cochaired by Gender PS Ann Wangombe and Daisy Amdany of Crawn Trust proposed that 53 women be nominated to the National Assembly and two in the Senate.

It was suggested that within 30 days of enactment of the Nadcorelated gender laws, the IEBC was to require political parties to submit lists for filling the additional seats for compliance.

But MPs the committee jointly chaired by Tharaka MP Gitonga Murugara and Bomet Senator Hillary Sigei said the proposal is not possible in the current circumstances.

“The committee notes that the suggestion is overly ambitious and would pose significant implementation challenges during the term of the current Parliament,” a new report reads.

“It is the committee’s view that it would be neater to implement the proposals after the term of the current Parliament.”

In what could be a major relief for gender activists, the committees have resolved that changes to effect the two-thirds principle need no referendum.

“The proposed amendments would not require a referendum,” the committee said.

The House team argues that the principle was already approved by Kenyans in the making of the 2010 Constitution. In the dispensation, Parliament is required to enact a law to give effect to the principle, but the attempts flopped five times.

Following the failures, the Supreme Court rendered the 12th Parliament as not properly constituted as required by law.

The 13th Parliament is noncompliant either, considering there are only 81 women in the National Assembly and 21 in the Senate.

The current National Assembly has 268 men – which constitutes 76.8 per cent, while women slots account for 23.2 per cent.

To attain the two-thirds balance, the National Assembly should have 134 women, while the Senate should have 23.

Where no woman is elected at all, the taskforce projected that 104 more women would be nominated to the National Assembly and seven more to the Senate. This would see the National Assembly comprise 453 members while the Senate would have 74, and takes the cue from the formula used in county assemblies.

There are fears though that the topups would worsen the country’s wage bill crisis, considering MPs are among the highest paid state officers.

MPs are currently taking home Sh725,502 – comprising a basic salary of Sh435,301, a house allowance of Sh150,000 and salary market adjustment of Sh140,201.

Each MP is entitled to a monthly pay of Sh356,525 for maintenance of their official cars and also earn mileage allowance at the rate of Sh156.2 per kilometre.

MPs also get Sh15,000 in airtime allowance and have a handsome mortgage of Sh35 million payable at a subsidised interest rate of three per cent.

The latest Salaries and Remuneration Commission review of terms of service for state officers handed MPs about Sh2 million in monthly salary.

Besides the salary, MPs are entitled to several other benefits, which have always been a cause of concern by proponents of a lean public service.

MPs get a car loan at a rate cheaper than the prevailing market rate, as well as mortgage and comprehensive health cover for one spouse and children.