Forget the two thirds rule, lets split this 50-50!

A while back I wrote a blog post on an issue that is proving to be thorny. In case you missed it, read it here  http://joymdivo.blogspot.com/2011/06/one-third-two-thirds-what-is-difference.html.  The Constitution of Kenya 2010 in Article 81 introduced an interesting concept in this East African nation:  Gender Parity by Law.  This meant that society did not have the luxury of time in deciding to accept women as capable leaders.  They did not have the option of giving women a chance and seeing them prove themselves so that they can get another chance.  They were told, that from August 27th 2010 henceforth, no appointive or elective office shall be occupied by more than two thirds of the same gender.

When it comes to appointed posts, achieving this is easy since the appointing authority just has to remember their mathematics class on fractions and division.  However, elective posts are more tricky since they depend on the adult suffrage to make this decision, and not all of them are good mathematicians.  Therefore there is need a formula to ensure that even when the public do their math, it adds up to the principle of not more than two thirds of one gender being elected.  The members of the 10th parliament were so keen on consolidating their position that while they provided for mechanism to ensure this is achieved in the Senate and in the County Assemblies, they left the National Assembly open.

Chapter 8 of the Constitution establishes our Bi-Cameral House.  Article 97 sets out that we shall elect 290 MPs, 47 Women, 12 Special interest nominees and the Speaker.  This week a meeting between the Commissions responsible for implementing the Constitution as well as the Parliamentary Committee agreed on a "formula"  that we proceed as put in the constitution, and if we fail to make the numbers, then parties should be allowed to nominate more women to make up the difference.  The net result is that we have potential to have a lower House of more than 500 members.  This plan was rejected by Members of Parliament in their Speaker's Kamukunji, but the stalemate remains, what do we do about this?

My suggestion to get out of this quagmire is simply this.  The Independent Electoral and Boundaries Commission to scrap ALL constituencies.  If we will have Wards each with a Representative in the County Assembly, the bread and butter issues of the Citizens will be dealt with closer to home in the County Assembly.  Therefore the role of the Constituency is not as central as it was before.  Since Governors and Senators will be seeking mandate from the whole County, so too should Members of Parliament.  Each County therefore should produce one Male and one Female Member of Parliament, and we still retain the 12 special interest seats.  That way, not only is the Constitutional Provision preserved, we will have a House with a total of 107 members.  Not only can we better afford 107 members, as compared to 350 members the playing field will be levelled for all persons seeking elective posts, since they will have Countywide support.

Given the vast powers that the National Assembly will have, it is vital for the people going there to have the widest base possible as is with the Senators.  Each Party only has to nominate one man and one woman to go on the ballot, and each stand equal chance of being elected.  It is time for the Members of the 10th Parliament to wake up and smell the coffee.  We did not get rid of dictatorship by the President to swap it with dictatorship by Parliament.  We are not interested if some of them "lose" their seats since they are not theirs to keep, but ours to give to whom we please.  Time has come for them to put Kenya ahead of their own selfish interests and make the right decision for Kenya.  Let us go 50-50, one man one woman.  And save us some money in the process, we need to pay the teachers, and doctors, and nurses, and lecturers and civil servants.....

A prophet has no honour in his home town.

This week the Parliamentarians and other Constitutional Office Holders received a salvo from the Taxman.  Pay your taxes in arrears or we send you auctioneers!!  During the pre-referendum era, many politicians tried to encourage the Church leaders to enter an MoU with the Principals to ensure our objections are taken care of once the Constitution is passed.  This is because, they too were objecting to the passing of the Constitution, because they would be taxed.  They had a famous meeting where the President assured them that they would not be taxed until the next time round when elections are held.  Now the Tax-man is calling, and the Principals are quiet.  As the elders said it, "Wametulia kama maji ya mtungi!"

The immediate former Chief Justice is the one who swore the President into office at dusk.  The Chief Justice demoted the then Registrar Christine Meoli and sent her back to the Trenches of the Court Corridors.  He embarked on building himself a glorious court in Milimani, only now for Willy Mutunga to occupy it!  The Ocampo 6 each played a role in the getting into power of the two Principals.  Now they are facing the music alone, with their Principals safely here one dosing away in State House and the other strategising on how to get into power next year!

I'm sorry if I come across today as being cocky, and sounding very "I-told-you-so" like, it is just that sometimes, one has to be reminded, hopefully they will learn from it.  My son is very Curious George cheeky. (If you don't know Curious George, search YouTube to see him in action.)  Every time there was a black out and we would light candles, my son would always keep us busy trying to keep him from the flickering flame.  One day there was a black out so we lit a candle.  He was drawn to the flame.  I kept saying to him, "don't touch, it is hot hot hot" he would back off whilst I was looking at him.  When he thought I was looking away, he put his little finger into the flame.  Well, he got burnt.  I looked back at him.  He had folded his burnt finger into his little fist, and had bit his lower lip and tears were welling up in his eyes.  When I asked what was wrong, he could not even talk, simply shook his head.  Finally he burst into wails and ran into my arms holding his little finger up.  I kissed and made it better, and he calmed down.  Suffice it to say, to date, I have not stopped using candles, but I have never had to tell him to not put his finger in the candle, he knows what it means.

Whenever you warn someone of impending danger, sometimes they do not heed the warning, simply because they know you too well.  They have seen you in your failings and your sufferings, there is no way to convince them that there is any authority behind your warning.  I must admit, one must test every word, lest you be misguided into doing something very foolish.  However, I am now very proud of the stand the Church took.  Since this Constitution was passed, things have been unfolding and the reaction is sometimes shock and disbelief.  One of my life's mantras is "Those who fail to learn from history are duty bound to repeat it."  Whenever we raise objections or make noise, it is because we have looked at other people who had the same glorious promises being made to us made to them.  Now in hindsight, they wish they had left it alone.  The only consolation is it may be a shock to others, but for me, I simply sip my tea and look at it from a distance.  One day, they may learn to listen to my voice.

Again, time to run pick the babies, sorry, big children (the Teacher said to not call them babies so I have to retrain my head to call them children!!)  Have a blessed time y'all