Many interest groups fought really hard to have their issues included in the Constitution, beginning with the clamour for an expanded Executive, as a result of the bitterly contested general elections.
With the creation of the five top slots and the official leader of opposition sitting in the National Assembly, the naked ambition of tribal and regional kingpins has been given a lifeline.
Those who have been in the cold for nearly 10 years have a fallback position if they lose elections. They can now peg their ambitions to something more tenable under the pretext of seeking the elusive presidency.
The deputy president will remain the president’s principal assistant; the prime minister’s position is likely to end up being another appointee of the president; while the two deputies are essentially senior ministers. It provides good optics though for the country’s political psyche.
On matters disability, we had three issues of concern. The first was that Article 54 (2) be amended to provide for five per cent mandatory reservation of all appointive positions, to unlock employment opportunities to PWDs.
Further, we proposed a new sub-article (3) to provide for five per cent of all elective positions to be for PWDs progressively. Over time, employment opportunities would automatically give a platform for many PWDs to have the muscle and capacity to run for office. This proposal wasn’t taken onboard.
The second proposal was to guarantee representation in all the 47 county assemblies whereby I proposed the amendment of Article 177 (1) (c) of the Constitution to have at least a man and a woman with disability. This can still be done through amending the County Governments Act.
The 12 nomination slots have been scrapped and there was thus no guaranteed representation of PWDs in the National Assembly. In the 11th Parliament, I presented a legislative proposal to have four of the 12 slots be reserved for PWDs but this didn’t pass. This is now the new BBI provision such that at any given time, there shall be at least two men and two women with disabilities in the National Assembly, a gain from the current two positions.
In the Senate, we have heretofore had two senators — a man and a woman — to represent PWDs. The two have been scrapped due to the repealing of Article 123 on voting by delegation. This is a big loss since PWDs shall not to be represented in the senate.
The House provides a very good avenue for legislation since it’s smaller and thus accords many opportunities to introduce matters to the floor in an expeditious manner. For example, I have sponsored the highest number of bills in the Senate, thus demonstrating the effectiveness of this representation platform. It’s my hope that we shall have many more PWDs elected as well as in the gender top up list.
It took a lot of lobbying to have some of these changes. I first organised persons with disabilities to hold a press conference at Serena, since all our representative positions had been scrapped. I then had a technical team of drafters to draw up proposals through a flurry of consultative meetings in parliament and at KICC that culminated into the three key concerns. I then organised a second BBI press conference, whereby my fellow legislators and I were given a memorandum to present to the Naivasha retreat that was to start on the same day.
On that Sunday evening, with Senator Gertrude Musuruve, we ambushed ODM leader Raila Odinga with our memorandum as he was having dinner. The women, led by Woman Rep Gladys Wanga, Gender commissioner Priscilla Nyokabi and MP Rehema Jaldesa were waiting at the next table to also give their proposals on women.
The following day, there was an exclusive meeting to present proposals on the Senate by some few selected senators. The meeting at 7am again with Raila, which was led by Senators James Orengo, Mutula Kilonzo Jr and Irungu Kang’ata also helped us push for our cause.
Earlier on, I had also presented the Senate before the BBI team together with Senators Moses Wetang’ula, Fatuma Dullo and Ochilo Ayacko at KICC, an opportunity that I also used to push for the representation of PWDs.
In Naivasha, I distributed the memoranda to the top leadership and drafters led by lawyers Tom Macharia, Prof Ben Sihanya and Njoki Mboche amongst others.
Interestingly, it took the shouting by Budalang’i MP Raphael Wanjala and others to have the National Development Constituency Development Fund included in the Constitution. Such bold acts are the ones that are needed to bring change.
However, the issue of the Judiciary ombudsman remains contentious since his/her functions are at variance with those of the JSC and the President’s power to constitute a tribunal about a judge as per the provisions of Article 168.
Further, we also need to be careful not to concentrate too much power in the National Assembly, which effectively is for all intents and purposes the real government.
As Thomas Jefferson said ‘the price of liberty is eternal vigilance’.
