May 07 2015 2Comments

RESPECT THE RULE OF LAW- ON THE IMPLEMENTATION OF THE CONSTITUTIONAL PRINCIPLE ON THE ‘NOT MORE THAN TWO THIRDS GENDER PRINCIPLE

Prof. Githu Muigai,
The Attorney General,
Sheria House,

Nairobi

Attention: Prof . Githu

RESPECT THE RULE OF LAW- ON THE IMPLEMENTATION OF THE CONSTITUTIONAL PRINCIPLE ON THE ‘NOT MORE THAN TWO THIRDS GENDER’ PRINCIPLE

Gender ParityWomen organizations and human rights institutions namely FIDA-K, Maendeleo, , WEL, CMD, GROOTS, KHRC, Women Steering Committee, CRECO, Futures K, URAIA Trust, CREAW, AMWIK, Action Aid, UPDK, Youth Agenda, DTM, and FEMNET,  wish to submit this petition on behalf of the women of Kenya.

We the women of Kenya, representatives of all Human Rights respecting organizations and leaders of Women Leagues in political parties’ condemn in the strongest terms possible the planned Constitutional Amendment Bill and the published Miscellaneous Amendment Bill which intend to take away the gains that the people of Kenya put in place to ensure gender equality.

On Thursday April 30, 2015 the National Assembly published a Bill to amend the Constitution and several Acts of Parliament to implement the 2/3rd gender principle progressively! The bill was introduced by the Chairman of the National Assembly Justice and Legal Affairs Committee Hon. Samuel Chepkonga, Ainabkoi Constituency (URP Party -Jubilee Coalition). This Bill seeks to postpone the implementation of “Not more than two-thirds” constitutional Principle in elective positions.

In effect Hon. Chepkonga is perpetuating discrimination by attempting to take back the equality principle which Kenyans made a covenant on by promulgation of the constitution. THIS IS UNACCEPTABLE.

The Supreme Court on December 11, 2012 advised that the Executive and Parliament put in place mechanisms for implementing the 2/3rd gender principle by August 27, 2015. We would like to remind the Justice and Legal Affairs Committee that their No.1 responsibility is to guide and advise parliament on fidelity to the Constitution and the rule of law . Woe unto Kenyans that this committee is now the one spearheading the mutilation of the Constitution!

The Kenyan women are aware that your office of the Attorney General  put in place a Technical Working Group (TWG) to guide the country on how to ensure that the constitutional Principle on 2/3rd gender principle will be implemented in line with the Constitution and the Supreme Court Advisory.

We are aware that the TWG has come up with an agreeable formulae that requires parliament to amend the Constitution and other legislations to facilitate the implementation of the 2/3rd gender principle in the National Assembly and the Senate.

The only requirement is for parliament to initiate the necessary process for the amendments as proposed by the TWG. The TWG proposed amendment only requires a parliamentary procedure BUT the planned Chepkonga amendment will require a referendum.

  1. We now are reminding your office that the principle of equality is the pillar of the Constitution of Kenya. Equality was the basis for every conversation that guided the development of every chapter. We agreed to equally share power, share opportunity and resources; we agreed on equality among regions and equality among people. The women of Kenya are outraged that a committee that is funded by Kenyan tax payers has found it fitting to assault this key principle and the integrity of the Kenyan Constitution and we have not heard an intervention from your office.
  1. With this petition we wish to emphasis that equality is about 50:50 and that the 2/3rd gender principle is the bare minimum set by the constitution and CANNOT be turned to become the goal.

WE HEREBY DEMAND:

  1. The women of Kenya demand that the Attorney General Prof Githu
    • To urgently oversee the publishing of the agreed upon two thirds principle constitutional amendment bill by the taskforce
    • To facilitate the realization of the two thirds principle immediately by advising Parliament to urgently withdraw the offensive Amendment Bill
    • To spearhead the appeal to recall parliament from recess to ensure that the first reading of the constitutional amendment bill is scheduled before time lapses for this process to commence

Your office holds great responsibility the realization of the Constitution of Kenya (2010 and one of the major roles is to uphold the bill of rights provisions on non-discrimination

We call on you to take urgent action to support the full implementation of the constitution and the rule of Law.

The Women of Kenya are concerned that the technical Working group has run out of time in the watch of your office despite the cost implication of the taskforce to Kenya.

In this regards what remedies does your office have in place for resolving the current crises

Presented and signed by:

Name Organisation Signature
Rahab Mwikali Maendeleo  
Christine Ochieng FIDA-K  
Grace Mbugua WEL  
Njeri Kabeberi CMD  
Cyprian Nyamwamu Futures-K  
Diana Gichengo KHRC  
Esther Muiru Groots K  
Wangechi Moegi CREAW  
Anderson Gitonga UPDK  
Dinah Musindarwezo FEMNET  
Grace Maingi URAIA  
Arthur Okwemba AWCF  
Hellen Mudora AMWIK  
Makena Mwobobia Action Aid  
Daisy Amdany Women Steering Committee  
Dommie Yambo DTM  
 

dennis-hombe