BBI protects equality gains, says CS Kobia

The Constitution of Kenya (Amendment Bill, 2020 launched by President Uhuru Kenyatta and ODM leader Raila Odinga last week continues to draw reactions, especially on gender equality.

The Nation Leadership Forum held on NTV last week, focused on the Gender Agenda.

Public Service and Gender Cabinet Secretary Prof. Margaret Kobia, a panellist, said the Constitution of Kenya (Amendment Bill, 2020) has a lot of goodies for women.

The CS said the women are happy with the bill as it ensures men and women get equal opportunities.

“We are very happy with the BBI as women; all our views have been incorporated. The BBI has in fact, protected gender equality gains made by the 2010 Constitution and added many more,” said Kobia.

Election violence

The CS said the top-up and party lists will be instrumental in giving women leadership roles, especially in Parliament.

She pointed out the need to look into financing of women politicians and the violence they face during elections, which impedes many of them from joining elective leadership.

“On violence during elections, the bill stipulates that any person who violates a women candidate will be punished, including being removed from the contest,” she said.

The CS appealed to Kenyans to elect competent women who will make a difference in Parliament as the Constitution stipulates, to avoid the creation of the many top-up seats.

Priscilla Nyokabi, a commissioner at the National Gender and Equality Commission (NGEC) said BBI puts the gains of the 2010 Constitution in the hands of women.

Voting power

Ms Nyokabi, a former Nyeri Woman Representative, noted the BBI bill is a major win for women as it ensures Parliament and Senate are gender compliant.

She supported the move to have women senators from the 47 counties, as women would have voting power on the allocation of funds to counties, especially in programs beneficial to women like water, health, electricity among others. 

She said the amendment on violence against women during election campaigns was a major win for the female candidates.

Former NGEC chairperson Winfred Lichuma, said the BBI would make the two-thirds gender rule a reality, describing it as a progressive document.

“The constitutional amendment is much more welcome since women got more than we had asked for. If we vote yes, the Senate, National Assembly and County assemblies will be fully gender parity compliant,” she said.

Nominated senators

She noted that the 47 women senators would have an opportunity to vote on crucial matters like revenue allocation, contrary to the current situation where nominated senators are not allowed to vote.

Hamisa Zaja, a gender activist from Mombasa, however, faulted the BBI report saying the scrapping of the 47 women representatives was unwise terming the move to have women in the Senate, as ‘short-changing women’.

She observed that women MPs were better off in the National Assembly where key decisions and budget-making processes happen, than at the Senate.

“Through the National Government Affirmative Fund (NGAAF) the women representatives have been empowering women in small business, affirmative action, chamas, and sanitary towels to girls. Now that the position has been scrapped, these things will be no more,” said Ms Zaja.

Second class citizens

Ms Nyokabi, however, noted that the NGAAF kitty would move with the women to the Senate, with discretion of the National Treasury.

Ms Zaja said the top-up positions to be created only amounted to treating women as second class citizens.

“Women do not need top-up positions; they need to vie and get elected. What was difficult for the government to implement two-thirds gender rule?” she wondered.

Masheti Masinjila a gender activist, observed that BBI has come to the level playing field for women.

He noted that it would entrench political parties’ commitment to implement the two-thirds gender rule, bringing an end to non-compliance games.

“There is no better opportunity than now. A lot of people have refused to accept that the world is changing and gender equality is an integral part of it,” he said.

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