Parliament can amend gender rule, says CIC

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File | NATION Chairman of the Constitutional Implementation Committee Charles Nyachae. 

By NATION REPORTER
Posted  Wednesday, August 24  2011 at  22:30

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A referendum is not required to reverse the two-thirds gender rule in the Constitution. (Read: Storm rages over proposal to drop women seats)

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The Commission for the Implementation of the Constitution (CIC) said the move by Cabinet can save the country from a repeat election in the event that the gender ratio is not realised.

There has been hue and cry from women following a move by Cabinet to amend a constitutional clause, which provides that two-thirds of members of elective public bodies shall not be of the same gender.

CIC said in a statement sent to media houses: “The proposed amendment does not require a referendum. It can be carried out in Parliament in accordance with Article 256 of the Constitution.”

It added: “The amendment will prevent the possibility of a constitutional challenge on the composition of the national assembly where the mandatory provisions of Article 81(b) of the Constitution are not met.”

Recommended ratio

The Charles Nyachae - led team said the provision introduced by the amendment will only be invoked if the elections fail to raise the number of men and women to meet the recommended constitutional gender ratio.

“Failure to constitute a legally elected national assembly means the assembly as elected would have no power to effect any constitutional amendments or pass any legislation to cure the anomaly and consequently lead Kenya to a crisis,” the advisory said.

However, the commission warned that any action taken to address the two-thirds principle should be designed to only reinforce implementation.

“At the core of democratic governance is the principle of equality where affirmative action lies. This principle is part of what will ensure social justice. The inclusion of the principle of affirmative action in the Constitution takes into account the fact that this country has historically made it difficult for women and other minority groups to be elected,” CIC said.