Ruto's 100-day promise and the gender rule dilemma
Centre for Multiparty Democracy Kenya Executive Director Frankline Mukwanja, during the interview on July 18, 2024.
Mukwanja Applauds Ruto's Political Will on Gender Rule Kicker: Taskforce member urges President to follow through on implementation
What you need to know:
- President William Ruto initiated efforts to implement the two-thirds gender rule in Kenya's Parliament, proposing a formula that differs from the recommendations of a gender taskforce.
- The taskforce's proposal includes a gender-top formula and the creation of a Women Inclusion and Political Participation Fund.
On December 9, 2022, President William Ruto initiated the process of creating a law to address the male-dominated Parliament in Kenya.
His memorandum to the Speakers of the National Assembly and the Senate led to the formation of a 23-member multi-sector working group by former Gender Cabinet Secretary Aisha Jumwa.
The group was tasked with providing a framework for implementing Article 27(8) of the Constitution. This provision obligates the State to enact laws and other measures ensuring that women or men hold a maximum of two-thirds or one-third of elective and appointive positions.
The legislation would maintain this balance, so if women occupy two-thirds of the positions, men must occupy one-third.
In his memorandum, President Ruto shared his thoughts on the formula, which differed from the recommendations of the gender taskforce. For the National Assembly, he stated that 97 women would be equivalent to one-third. Since 47 women were elected from the counties, only 50 would need to be added to fulfil the threshold. For the Senate, he suggested that the nomination of 16 women would suffice.
Marginalised communities
The taskforce disagreed with his suggestions and instead concluded with a gender-top formula anchored on amendments to Articles 97 and 98 of the 2010 Kenyan Constitution, which relate to the composition of the National Assembly and the Senate.
They recommended adding a provision for nominating members through special seats to fulfil the principle, with careful consideration of youth, persons with disabilities, and marginalised communities.
According to the taskforce's recommendation, a party must present a list for special seats in a gender-alternating order, starting with a woman.
Frankline Mukwanja, Executive Director of the Centre for Multiparty Democracy Kenya and a member of the taskforce, explained the structure of the list: "A woman will be number one, followed by a man in number two. The second woman would be one with a disability, but the party must present that name with certification from the National Council for Persons with Disabilities proving that the person does indeed have a disability. The third woman in the list should be a youth, and the fourth from marginalised communities."
The taskforce adopted the President's proposal to create a Women Inclusion and Political Participation Fund to finance education and training, mentorship, and capacity building for women seeking elective positions.
While Mukwanja applauded the President for demonstrating political will in resolving the two-thirds gender stalemate, he emphasised that the responsibility lies with the President to ensure his personal commitment comes to fruition.
Dissolution of Parliament
During the launch of the Women Charter in mid-June 2022, Ruto had stated, "Within three months of the Kenya Kwanza rule, we will put a mechanism in place to actualize the two-thirds gender rule and immediately operationalize that mechanism so that women don't have to wait longer."
If the law fails to pass, Mukwanja warned that they would appeal to Chief Justice Martha Koome to demand the dissolution of Parliament, as its current composition is unconstitutional. This action should motivate legislators to enact the respective law.
In 2020, retired Chief Justice David Maraga advised then-President Uhuru Kenyatta to dissolve Parliament for failing in its mandate. However, the advisory attracted numerous petitions seeking to stop its implementation.
