In Summary

  • Omondi compared Kenya with the USA saying that America with a larger population has fewer government officials than Kenya.
  • Gender activists say that those pushing for the scrapping of Woman Rep seats or even nominated seats should first understand the historical and legal reasons why these positions were enshrined in the constitution.
  • Activists insist on the passage of the Two Thirds Gender Rule.

A fresh push for a referendum in Kenya, driven by comedian and activist Eric Omondi, has sparked backlash, particularly among gender experts.

Omondi’s proposal calls for the elimination of Women Representative positions, nominated Members of Parliament (MPs), and even nominated Members of County Assemblies (MCAs), arguing that Kenya is over represented.

“Kenya is over represented. Mtu mmoja ako na President, Deputy president, Governor, Deputy governor, MP, Senator, Woman representative, MCA, ako na Regional commissioner, County commissioner, Assistant county commissioner, chief, sub chief, na Village elder. A single Kenyan is represented by 16 people doing the same thing,” Omondi said.

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FIDA Response over Referendum Push

However, this move has been met with strong opposition from key figures in gender advocacy. Anne Ireri, the Executive Director of the Federation of Women Lawyers in Kenya (FIDA), has expressed grave concerns about the proposal.

“The measure of a progressive society is how well everyone is involved in decision making. Many a time’s people ask why we need women,” Ireri said.

“One of the biggest fears is that should there ever be any conversation of a referendum or any amendment to the constitution what will be our first causality? Women issues isn’t it? The momentum is already building where we are questing why we need to have nominated women. That is not a wrong question but we need to understand how we ended up having nominations in this Country,” She added.

“The messaging right now is that these are unnecessary seats, we do not know what they are doing there,…..They are people’s girlfriends and wives……. that is totally unnecessary. …if we are not careful even those gains we have made with the 47 women reps we might lose them,”

Two Thirds Gender Rule

While she acknowledges that constitutional amendments can be beneficial, Ireri warned that the move to scrap these critical seats is dangerous. She emphasized that those pushing for this referendum should first understand the historical and legal reasons why these positions were enshrined in the constitution.

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Speaking at the Freedom Café session on fast tracking the Two Thirds Gender Rule organized by Friedrich Naumann Foundation Kenya together with Association of Media Women in Kenya (AMWIK) In Nairobi, Judie Kaberia, Senior Project Manager at Friedrich Naumann Foundation Kenya, also voiced her disapproval, highlighting the ongoing struggle for gender parity in Kenya.

“Despite numerous rulings, recommendations and even legal challenges, the legislation to ensure equitable gender representation still remains unpassed,” Kaberia said.

“The impasse is not just a legal issue, it’s a matter of justice, equity and fulfillment of our democratic ideals”

Kaberia pointed out that despite the promulgation of the 2010 Constitution 14 years ago, the country has yet to fully implement the two-thirds gender rule, which mandates greater female representation in government. She lamented that women’s representation continues to face significant challenges.

“Today’s event is more than just a discussion. It’s a call to action….We cannot just be sitting down and talking but we want to come out of here with clear action on how are we going to fast track the two thirds gender debate,”

Achievements since Passage of the 2010 Constitution

Queenter Mbori, Executive Director of the Association of Media Women in Kenya (AMWIK), took the opportunity to outline the achievements that the 2010 Constitution which will be celebrated on 27th August has brought to women’s representation in Kenya.

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Mbori highlighted the election of the seven female governors, commonly referred to as the “G7 group,” as a testament to the progress made.

“Of cause 14 years later a lot has happened, particularly touching on the affirmative action laws including the two thirds gender principle. As we speak today in 2024, we have 7 elected female governors and that is not a mean achievement,” She said.

“It is also in the 2022 elections that we has two female political presidential running mates that is Martha Karua and Justina Wamae,”

“But we can also not run away that 14 years later there have been 11 attempts to implement the two thirds gender principle by Kenya’s parliament in vain…we are just wondering what we really need to do to ensure that the representation of one gender is at least a third of the requirement constitutional threshold,”

She also noted the presence of women to key positions, including the Chief Justice, Deputy Chief Justice, the Law Society of Kenya (LSK) President, and the country’s first female Attorney General.

The G7 group, which includes Kirinyaga Governor Anne Waiguru, Meru Governor Kawira Mwangaza, Machakos Governor Wavinya Ndeti, Nakuru Governor Susan Kihika, Kwale Governor Fatuma Achani, Embu Governor Cecily Mbarire, and Homa Bay Governor Gladys Wanga, is dedicated to empowering and supporting women leaders within Kenya’s devolved structures. Their main goal is to increase the number of women elected to positions of power in the 2027 general elections, with a target of having 16 female governors, up from the current seven.

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“The lesson that we need to pick from the Judiciary is how then do we sustain the representation? How can we replicate it in other spheres of society including media where we only have a paltry 8% of women in media ownership and ensure come 2027 we are able to strategize better to deliver a first female president to this country?”

 

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