- The Multi-Sectoral Working Group has presented its report to Kenya Women Parliamentarian Association.
- The MSWG was tasked to develop and recommend a framework for the implementation of the not more than two-thirds gender principle.
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A team named to develop and recommend a framework for the implementation of the not more than two-thirds gender principle has made a raft of recommendations to the government
The Multi-Sectoral Working Group in its report to the Ministry of Gender, Culture, the Arts and Heritage has proposed legal, policy and administrative measures designed to promote the implementation of the gender principle.
Presenting the report to the Kenya Women Parliamentarian Association (KEWOPA), co-chairperson Daisy Amdany proposed amending Article 90 to accommodate proposals to amend Articles 97 and 98 accordingly.
“Amending Article 97 to provide for a formula to nominate additional special seat members of the National Assembly if, after the declaration of results following a General Election, the membership of the National Assembly does not conform to the constitutional principle,” she said.
Her team further proposed amending Article 98 to apply at the Senate if the scenario is the same.
The team further suggested inserting a transitional clause in Article 98A to enable the current Parliament to conform with the requirements of Article 81(b).
The report said a Bill would be formulated to amend Article 90 to require that the election for the special seats to be added in the National Assembly and Senate shall be based on proportional representation by use of party lists.
The three amendments will occasion additional expenditure of public funds.
“One the issue of cost, people need to be told it will not be extremely expensive to have the additional lawmakers,” Amdany to members of KEWOPA.
Receiving the report were legislators Beatrice Elachi (Dagoretti North), Jane Kagiri (Laikipia County), Rachael Nyamae (Kitui South), Edith Nyenze (Kitui West) and Ruweida Obo (Lamu East)
The report further recommended amendments to the Election Act specifically Sections 31, 35A and 36.
The principal object of this amendment is to provide that a political party shall ensure that the names of the party candidates submitted to the electoral body in a General Election for parliamentary and county elections comply with the principle that not more than two-thirds shall be of the same gender.
The MSWG also recommended the amendment of the Political Parties Act to provide for the establishment of Women Inclusion and Political Participation Fund for purposes of financing education and training, mentorship and capacity building, including the support for women seeking elective positions.
“This initiative has the potential to eliminate the necessity for top-up nominations in future,” Amdany said.
In its administrative recommendations, the team proposed combatting campaign-related Gender-Based Violence, implementation of the campaign financing law, establishment of gender desks in public institutions and sensitisation of gender equality in schools among others.
The "not more than two-thirds Gender Principle" — hereinafter referred to as “the Gender Principle” — in the Constitution of Kenya is designed to ensure that neither gender occupies more than two-thirds of seats in elective or appointive positions in public institutions.
The rationale behind this principle is to advance gender equality and address historical imbalances in representation.
By limiting the dominance of any single gender in decision-making bodies, the principle aims to create a more inclusive and diverse governance structure that reflects the composition of the population.
The Multi-Sectoral Working Group (MSWG) on the realisation of the not more than two-thirds gender principle was established vide Gazette Notices No. 10848 and No. 11090 published on August 15 and August 25, 2023, respectively.
The MSWG was tasked to develop and recommend a framework for the implementation of the not more than two-thirds gender principle as captured in Articles 27(6) and (7) as well as 81(b) of the Constitution of Kenya 2010.
The Working Group was mandated to complete its work and submit its final report to the Cabinet Secretary within six months from the date of its appointment.
The Working Group’s term was extended vide Gazette Notice No. 1770 dated February 8, 2024.