• The proposal seeks to amend seven laws to compel agencies to have representation of women, youth, persons with disability, and marginalised communities
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MPs have changed tack in the implementation of the controversial two-thirds gender rule in a new proposal that could compel political parties to nominate more women before elections.
Legislators want the law amended to require political parties to ensure that at least a third of its candidates for parliamentary and county assembly elections are of either gender.
The amendments spearheaded by the National Assembly’s Constitutional Implementation and Oversight Committee (CIOC) will also make it mandatory that at least five per cent of the nominees are persons with disability.
As a deterrent measure, the proposed law bars IEBC from accepting lists of candidates from political parties that do not meet the gender rule.
“The commission shall not accept the list of candidates nominated by a political party unless it is satisfied the political party has complied,” the bill states in part.
The proposed law is sponsored by CIOC Chairman and Ndaragwa MP Jeremiah Kioni.
The 2010 Constitution stipulates that not more than two-thirds of all members of elective and appointive bodies shall be of the same gender.
However, at least four previous attempts to bridge the gender disparity by amending the Constitution to allow for extra nomination slots for women have flopped.
Male MPs protested it would be an avenue by political party chiefs to award their “girlfriends” and soar the country’s wage bill.
This has left the bicameral parliament at the risk of being dissolved for being unconstitutional.
Two petitioners filed a matter before Chief Justice David Maraga with prayers that Parliament should be dissolved for failing to meet the two-thirds rule.
If enacted into law, the Representation of Special Interest Groups Laws (Amendment) Bill, 2019 will present a huge dilemma to political parties.
They will have to devise a strategy of dishing out the party tickets to favour special interest groups, including giving direct tickets.
As a sweetener for political parties to ensure more women, youth and persons with disability win elective seats, the bill proposes that 20 per cent of the political parties cash be distributed according to the number of the special interest groups elected.
“Twenty per cent of the fund proportionately to political parties based on the number of candidates of the party from special interest groups elected in the preceding general elections,” the Bill states.
The fund, currently enjoyed by Jubilee and ODM only is based solely on party strength.
However, under the new law, only 53 per cent of the fund will be proportionately shared between the majority and minority parties.
Another 20 per cent shall be shared among all political parties with at least five MPs, one governor and at least 12 MCAs.
The current House leadership led by Speaker Justin Muturi has hailed the Kioni Bill as progressive and exuded confidence that it would be passed.
Majority Leader Aden Duale hailed the bill as one that presents mechanisms for achieving a broader representation of women, youth, and marginalised groups.
Muturi said the bill will end the long-held view that the two-thirds gender requirement is a preserve of parliament.
“It is fair that everybody understands that Parliament is not the only arm of the state,” he said
“The bill will ensure that what is in Article 27 is achieved,” he said.
The speaker approved that the publication period is reduced from 14 to two days to pave way for public participation.
The new bill proposes to amend several existing laws including the Political Parties Act, Persons with Disability Act, the National Gender and Equality Commission Act, Election Campaign Financing Act, and the Election Offences Act.
In a bid to deal with sham nominations, parties will also be required to present minutes of the approval of the list by the party’s election board.
Parties would also be required to fund the special group’s access to media coverage, facilitate campaigns, and provide access to information in formats usable by persons with disabilities.
The Kioni bill also seeks to amend the IEBC Act to compel the polls agency to disaggregate data on the voters’ roll on the basis of the categories of the special interest groups.
The Registrar of Political Parties, should the bill be passed, will get power to deny parties funding in the event that they don’t meet the gender criteria.
To get cash from the Political Parties Fund, parties would be required to have special interest groups in its governing body, have at least five elected MPs, one elected governor, and twelve MCAs - a move that is likely to benefit smaller parties.
Also sought is a provision for the IEBC to take into consideration candidates for special interest groups when setting spending limits applicable to election campaigns.
Competitors who use derogatory language in reference to special interest groups will be liable for a Sh1 million fine or three years in jail.
The import of the legislation, which was tabled for First Reading last Thursday, is to achieve the gender balance through the ballot.
Kioni said the changes, being the fifth attempt, will unlock the hurdles the House has experienced in the bid to implement Article 100 of the Constitution.