NOT TO AMEND LAW

Speaker Muturi urges MPs to implement Article 100

Section is about promotion of representation of marginalised groups

In Summary

•Article supersedes the much-hyped two thirds gender Bill

•Article 100 says "Parliament shall enact legislation to promote representation in Parliament of women; persons with disability; youth; ethnic and other minorities; and marginalised communities.

National Assembly Speaker Justin Muturi
LAW: National Assembly Speaker Justin Muturi
Image: /FILE

National Assembly Speaker Justin Muturi on Friday urged MPs to implement Article 100 of the Constitution, instead of moving around calling for amendments.

Attempts by MPs to amend Article 97 and 98 on representation in Parliament through the two-thirds Gender Bill have flopped several times.

Muturi told the Kenya Disability Parliamentary Association (KEDIPA) that the implementation of Article 100 will solve the problem of gender representation in Parliament.

He said Article 100, which is about promotion of representation of marginalised groups, should have been implemented within five years of the promulgation of the 2010 Constitution.

Article 100 says "Parliament shall enact legislation to promote representation in Parliament of women; persons with disability; youth; ethnic and other minorities; and marginalised communities."

“This Article supersedes the much-hyped two thirds gender Bill,” Muturi said.

He said MPs, who go around saying they should amend the Constitution or Parliament will be dissolved are misleading the masses.

“Where is that part of the Constitution that says if Parliament does not amend the Constitution, Parliament will be dissolved? The Constitution says if Parliament does not enact laws, which are supposed to be enacted as per the 2010 Constitution, then someone can move to Supreme Court to ask the Chief Justice to compel Parliament to enact that law,” he said.

“If Parliament fails to heed to the Chief Justice's directive, then it can be dissolved.”

Muturi said the only part of the 2010 Constitution, which has not been implemented, is Article 100, which is all about promotion of representation of the marginalised group.

“This association should now push for enactment of the law of representation as per Article 100, if that fails, then one can move to court to compel Parliament to pass the law or be dissolved,” he said.