The SPECIAL REPORT OVERVIEW OF THE COUNTY Enhancing governance for all GOVERNMENT ACT Link — Pages 16 - 17 OCTOBER 2012 Issue No. 096 Kshs 40/= Rights body rejects move on gender rule By FAITH MUIRURI HE KENYA Human Rights Com- mission is strongly opposed to Tplans to amend the constitution to give effect to Articles 27 (8) and 81 (b) which require that not more than two thirds of those elected in parliament shall be of the same gender. Although the proposed amendments are meant to achieve gender parity in the next Gen- eral Elections, the human rights body, however, feels that any changes in the constitution are bound to subvert the popular will and expose the supreme law to further mutilations. In a terse statement, the human rights body says changing the constitution just two years after promulgation would reverse gains already enshrined in the supreme law. The commission argues that this will set a bad precedent of resorting too quickly to con- stitutional amendment whenever there is a chal- lenge. “Gender issues are also likely to be relegated to the periphery and addressed in a simplistic manner, and thus rob women of the gains out- lined in the Constitution,” warns the statement. The human rights body cites the old Consti- tution which was subjected to 27 amendments in 8 Turn to Page 2, Col. 1 Participants follow keenly during a recent conference on Women, Peace and Security at KICC recently. Photo/Henry Owino By HENRY OWINO able socio-economic development and regional sic/applied research and industry needs, work- integration by exploiting various key areas such ing out alternatives to facilitate access to new EAC to THE East African Business Council (EABC) as; enhancing linkage between the private sector ideas and know how, to work together in dis- and Inter-University Council of East Africa (IU- and universities, encouraging the private sector seminating benefits of intellectual property CEA) plan to harmonise education curricula for to support research and innovations by universi- and commercialization among others. harmonize institutions of higher learning among East Africa ties in the community, promote the utilization of The EABC as the umbrella organization of Countries. research output and innovations from universi- the Private Sector in East Africa is at the fore- The two organizations further seek to pro- ties by the Business Community and identifying front in facilitating Private Sector participation Higher mote the collaboration between universities and areas in Higher Education curricula and relevant in the EAC integration process. Its members the business community in East Africa. research for the region’s sustainable development are drawn from the Private Sector Partner The initiative will aid in human resource de- and holding joint forums, conferences and exhi- States, constituting of companies, business as- Education velopment and research in order to contribute to bitions. sociations and government agencies involved the region’s socio-economic development. Other notable events includes; identifying in facilitating trade. The two institutions have therefore agreed to possible options in narrowing gaps between ba- Curriculum jointly address issues that are pertinent to sustain- 8 Turn to Page 2 Col. 1 State calls in Interpol Wave of union strikes Suspicion rife ahead of to help trace stolen set a litmus test for the Elections Also books —Pg. 5 government — Pg. 13 — Pg. 28 Inside The Link, October 2012 2 GOVERNANCE Rights body rejects move on gender rule From page 1 political party fields a governor and meet the gender principle, the country past been abused by leaders in politi- makes competent women an asset to running mate of opposite genders and must elect at least 117 women or men. cal parties who appoint their friends, the party. just 40years with most regressive as that 50percent of governor nominees If the mark is not met, then the new associates and allies, thus denying Other concerns are pegged on early as 1964, 1966, adding that this for each party must be women. arrangement captured in the proposed deserving women who work with the fears that men may end up being the should not be repeated. “This means every party fields amendment requires that political par- communities. under-represented gender. However “The Constitution 2010 is not 23men and 22women for gover- ties gives names of the disadvantaged Further, the amendments if adopt- the human rights body dispels their flawless and can be amended but the nor on March 4, 2013. The above gender from a list to comply with the ed would compel political parties to fears and says that these formulae will timing now is not strategic,” reads the amendment should apply to county constitution. encourage female participation and only offer many female candidates statement in part. assemblies too so that each party en- Additional seats would then be the active participants would help (50percent) but will not instantane- The chairperson of National Gen- sures that its final lists of nominees created specifically to fill in the gender prevent gender based violence at elec- ously address the patriarchal attitudes der and Equality Commission Win- has 50percent male and 50percent fe- gaps after elections and any shortfall tions. with which most Kenyans vote. How- fred Lichuma however supports the male candidates for the total number would see an increase in house seats The commission says the propos- ever, it will be watered down by party proposed constitutional amendment, of wards in each County. The com- by the same margin. als would help transform Kenya’s loyalties resulting in a minimum of saying the two thirds gender rule is a mission further wants the Elections This means that the number of electoral system from being patriar- one third women representation that good provision but it lacks the mecha- Act to give the electoral body pow- MPs and Senators in the next parlia- chal and individual driven to ensuring is elective. nism to deliver. ers to reject non-compliant nomina- ment could shoot up beyond the num- that party manifesto and popularity “There is a proposal to amend the tion lists bers provided for in the Constitution are what sells. Nominations constitution to give us a process on The commission argues that the and would be determined after elec- Nomination is a constitutional quota how we get to realize the two thirds adoption of the proposals would guar- tions. Challenges that is already in Constitution 2010 in representation at elective position lev- antee the realization of the two thirds The proposals are likely to be rejected the form of the 47women representa- els,” she explains during a high level gender rule and hopefully surpass the Implications by male MPs who perceive them as a tives seats in the National Assembly; conference on Women, Peace and 18percent short fall anticipated in the Sitting Mps should thus support the threat to their political ambitions. The zebra lists and the two thirds rule it- Security. However, the human rights National Assembly; 7percent in Sen- proposals as they do not threaten in human rights commission however self. body underscores the need to explore ate and the possible 33percent short anyway their re-election chances. feels that there is no cause for alarm The commission says that further other options adding that the Con- fall in County Assembly. “There are 80 additional seats i.e. 145 since there are 80 new seats in the constitutional quotas should be avoid- stitution provides for legislative and “If the proposals are adopted, then seats for men in National Assembly; National Assembly as well as the fact ed, as this will require constitutional administrative mechanisms to resolve the two thirds gender rule will be real- and 46 new seats for men as governor that many incumbents have expressed amendment or even a referendum. any constitutional matters. ized without bloating the three houses or running mate; and 23 new seats for interest in positions of Senator, Gover- The human rights body nomina- Article 81 as read with Article 27 and passing on a huge financial bur- men as Senators. This means all men nor and deputy governor. tions present numerous challenges has given Parliament a blank cheque den on tax payers. in the tenth Parliament can still hold Another challenge may arise from that range from the fact they best to design an electoral system driven The commission says the proposal elective seats in the National Assem- the fact that plenty of women who work when they are applied to less by gender sensitive considerations. will address the problem of gender bly or Senate as Governors or deputy have political ambitions and leader- populous marginalised groups; Wom- The Constitution has already done representation in a strategic and sus- governor,” adds statement. ship capabilities, may shy away from en make up over 50percent of the its bit by providing both the principle tainable manner that does not result in In addition, the proposed amend- elective seats as they have in the past population; having too many of them and provided some constitutional quo- voters feeling that women cost them ments compel political parties to shun been elbowed out by the patriarchal nominated not elected reverses the tas on gender (nominated and special too much. tokenism in recruitment of female violent way in which elections are intended gains of addressing gender seats; zebra lists) The constitution provides for 290 members and in determining which held and the lack of support from needs strategically. Nomination takes The Constitution (and courts) tasks elected MPs and 47 women picked women candidates to field. political parties, who view them as a a practical gender needs approach the details of the mechanism of imple- from counties, adding up to 337.