The August polls will be unconstitutional if the two thirds gender rule is not achieved, the National Gender and Equality Commission has warned.
Commission chairperson Winfred Lichuma yesterday reiterated President Uhuru Kenyatta’s call urging legislators in both houses to act ‘act in goodwill’ and pass the legislation.
“MP’s and Senators should heed the President’s directive and pass Duale’s bill to achieve the requirement because the country will be thrown to a quagmire after the polls should the bill be vetoed,” said Lichuma.
“The 2017 election results will be null and void if the two thirds principle is not achieved, a rule stipulated in the constitution of Kenya 2010,” she said at a workshop training election monitors in a Nairobi hotel.
“Time is running out. If the legislators do not move with haste and pass the requirement it means besides nominations Kenyans must elect at least 63 women to parliament and another five to the senate for the 2017 polls to be valid,” added Lichuma.
Last week President Kenyatta directed leader of majority in the National Assembly to ensure that parliament passes the Bill on the gender rule as ordered by the court when it reconvenes in May. Both the National Assembly and Senate have on several times failed to pass the controversial bill whenever it has been tabled before them.
Lichuma expressed concern over the possible outcome of the requirement that Kenyans should vote for a third of women in both houses terming it ‘a tall order’ from reflections of past elections.
The commission chair persuaded both sides of the political divide to handle the issue with weight it deserves adding “with the blessing and discretion of the President together with opposition leaders, it is possible to mobilise numbers able to pass the legislation.”
She further advised Speakers of both houses to consider instituting a mediation committee of members in line with Article 113 of the constitution to develop a version of the bill while adding both houses should have joint sittings during deliberations in view of the strict timelines.