Women MPs root for new law

Kenya Women MPs have launched aggressive campaigns countrywide in support of the proposed constitution.

The MPs say they want to use women's numerical strength to sway the referendum results in their favour.

About 50 percent of the country’s population are women.

Water minister Charity Ngilu urged women to vote in favour of the document saying it “will usher changes for the betterment of Kenyan women”.

In an advertorial placed in the local dailies Wednesday, Mrs Ngilu enumerated various reasons why women should back the proposed constitution.

She cited Article 45 (3) that states: “Parties to a marriage are entitled to equal rights at the time of marriage, during marriage and at the dissolution of marriage.”

The new law also protects matrimonial homes and widows’ rights to land, she said and that the two provisions will provide greater security at homes for Kenya women.

Mrs Ngilu said that contrary to the view held by the No camp, the proposed constitution “makes gay and lesbian marriages illegal”.

Politicians opposed to the proposed constitution, led by Higher Education minister William Ruto, have been telling Kenyans that if they pass it at the August 4 referendum, gay marriages will be legalised.

He says that article 27 opens the door for same sex marriages.

27(4) reads: The State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.

Champion change

The Water minister, who has been in the forefront of championing change in the country, dwelt on representation and how it will benefit women.

She said that each county will elect a woman representative to the National Assembly, bringing the total to 47.

“In addition, at least six of the twelve members nominated to the National Assembly shall be women. There will be 18 women in the Senate under reserved seats,” she said.

Besides, women will be free to contest for the remaining seats in the Senate and National Assembly.

“Kenyan women will therefore have true and strong representation in the legislative arms of government. They will direct and influence laws. They will determine development priorities and the application of resources,” Ms Ngilu said.

And she cautioned: “Kenyan women will lose all these gains unless the proposed constitution is passed at the referendum.”

Through the Kenya Women Parliamentarians Association (Kewopa) 18 women in the Yes camp including Ms Ngilu have identified 12 clauses in the proposed constitution they said highly favour women and are using them to market the document.

Only four women MPs- Special Programmes minister Naomi Shaban, Cooperatives Development assistant minister Linah Jebii Kilimo, her Housing colleague Margaret Wanjiru and Eldoret South MP Peris Simam- are opposed to the proposed constitution.

The MPs both in the Yes and No camps have, however, launched civic education in their respective constituencies and other areas to enable women make an informed decision at August 4 referendum.

Last week, the efforts saw a number of pastors in Cecily Mbarire’s Runyenjes constituency defecting from the No to the Yes side.

Selling Yes message

Sports minister Hellen Sambili has been spearheading an onslaught against the No team in her Mogotio constituency, while Gichugu MP Martha Karua has been selling the Yes message in her constituency.

Ms Kilimo has been campaigning against the proposed constitution in Marakwet East while Ms Beatrice Kones and Dr Joyce Laboso have been carrying the Yes flag in Bomet and Sotik electoral areas respectively.

Nominated MP Sophia Abdi, who has been campaigning for Yes in Ijara constituency has blamed illiteracy for lack of a clear understanding of issues in the proposed constitution among the people of northern Kenya.

Agriculture minister Sally Kosgei has also been spearheading Yes campaigns in Rift Valley.

Denying that the Western world was pushing for new constitution Ms Mbarire said: “We must as a nation remember that the clamour for the new constitution begun 20 years ago as Kenyan process, driven by Kenyans for Kenyans.”

The Runyenjes MP, who is Kewopa secretary, said the proposed constitution will regard as void customary or religious laws that are in contradiction with the provisions of the constitution.

“This is important to women because the current Constitution has legitimised subordination of women as it embraces legal pluralism which embodies customary and religious laws that are discriminatory to women,” a statement from Kewopa said.

Other chapters the women MPs said are good for them include: The National Values, Principles And Goals, Citizenship, The Bill Of Rights, Land And Environment.

On citizenship, they said the current Constitution treats Kenyan women as second class citizens because it only provides for men to pass on citizenship to their foreign wives and children but not the Kenyan women.

“However, this is going to change in the proposed constitution as stated in article 14 (1) that a person is a citizen by birth if on the day of the person’s birth, whether or not the person is born in Kenya, either the mother or father of the person is a citizen."

Article 15 further states that a person who has been married to a citizen for a period of at least seven years is entitled on application to be registered as a citizen.

The Bill of Rights, they added, says all state organs and all public officers have the duty to address the needs of vulnerable groups within society, including women, older members of society, persons with disabilities, children, youth, members of minority or marginalised communities, and members of particular ethnic, religious or cultural communities.

“Every year hundreds of women die as a result of complications of pregnancy. The draft constitution seeks to address this by allowing termination of pregnancy if the life of the mother is in danger and inherently gives the woman a choice,” they said.

Discrimination on the basis of sex is explicitly prohibited, they added.

Women are also happy with a section on Commissions And Independent Offices which states that the chairperson and vice-chairperson of a commission shall not be of the same gender.