Many Kenyans still don’t understand the role of women representatives from the look of questions raised in both social media and even the main stream.
A report tabled in the National Assembly and the Senate on whether to scrape of the positions as well as reduce the number of representations is raising an intense debate on the relevance of women representatives.
Many Kenyans view the women representatives as mere ‘flower’ girls whi9le others Others say the women representatives are a ‘wastage’ of taxpayers’ money.
But how did the position women representative come into place?
Article 97 of the constitution provides for the position of women representatives. It stipulates in section (1) (b) that the membership of the National Assembly consists of forty-seven women, each elected by the registered voters of the counties, each county constituting a single member constituency.
It should also be noted that women representatives are an outcome of the two-thirds gender law that aims at increasing the representation of women in parliament.
The Constitution under article 100 classifies women as a special interest group. Article 27 (3) guarantees them equal treatment, including the right to equal opportunity, in the political sphere.
Article 27 (6) stipulates that, to give full effect to the realization of the rights guaranteed under this article, the State shall take legislative and other measures, including affirmative action programmes and policies designed to redress any disadvantage suffered by individuals or groups because of past discrimination.
Article 27 (7) says any measure taken under clause (6) should adequately provide for any benefits to be based on genuine need.
Article 27 (8) also stipulates that in addition to the measures contemplated in clause (6), the State shall take legislative and other measures to implement the principle that not more than two-thirds of the members of elective or appointive bodies shall be of the same gender.
Article 81 on the general principles for the electoral system says on section (b) that, not more than two-thirds of the members of elective public bodies shall be of the same gender.
On the issue of the role of this legislators, an issue that has raised an intense debate, they are all similar to other MPs based on their functions.The only difference is that the role of women representatives goes beyond that of other MPs. That is why the constitution created positions for them in parliament.
They represent the women, whom the constitution recognizes as a marginalized group (Article 100).
They should promote the interests of women and girls within their counties. This role involves coming up with laws and policies to uplift women and girls. Through parliament, they should lobby and advocate for equal treatment and opportunities for women and girls.
They should sponsor and engage in bills, motions, resolutions, and/or notices that aim to redress any disadvantage suffered by women and girls because of past discrimination.
The other role is to receive petitions from the public on matters that relate to (discrimination of) women and girls.
Women representatives also have a role to play in mobilizing residents in their counties to identify projects that women and girls can benefit from. They should influence the national government to include or adopt these projects in the budget. Furthermore, they can utilize the role of parliament in the budget process to allocate money for these projects. They can lobby their male counterparts to get the numbers or influence they need.
In addition, they should establish oversight mechanisms to ensure the national government implements these projects. Their oversight will also ensure prudent expenditure of public money. In doing so, they shall promote transparency and accountability within their mandate.
However, the role of women representatives does not involve providing immediate needs for the women and girls. It is not the work of women representatives to provide sanitary towels or to drill boreholes. They should advocate and work for long-term policy interventions, including in the areas mentioned.
By playing their role, the women representatives guarantee equality and equity for women and girls. The female gender can enjoy comfortably their guaranteed rights, freedoms, and privileges, just like their male counterparts.
Women representatives complement the elected and nominated female MPs. The position of women representatives raised the representation of women in the 11th parliament by 23%. However, the figure is below the 33% required by law (two thirds)
The other roles played by women representatives in Kenya are contained in Article 95 of the constitution. They include budgeting (allocation, expenditure and oversight of national revenue), determining the conduct of State officers, overseeing state organs, and approving declarations of war and states of emergency.
In a nutshell the functions of women representatives are representation, legislation and oversight (and budget allocation).
They have also set aside a fund known as the Affirmative Action Social Development Fund. This fund is similar to the Constituency Development Fund (CDF). The fund is supposed to assist them to implement projects in their counties.
The funds intention is to incorporate helping the recuperation of sexual and sex based brutality survivors. Others are supporting youth who have dropped out of school, vagrants and powerless kids and nurturing youngsters.
In the last financial year (2015/16), the women representatives received the fund up to a tune of two billion shillings implemented under the umbrella of CDF even though a High Court ruling declared CDF unconstitutional. The constitution also prohibits legislators from performing executive functions. This includes management of funds.
It is therefore very clear that Women Representatives have a huge role to play in the politics and governance of this country. There should be a second thought concerning those calling for parliament to do away with them.
Although they have not lived up to their mandate fully, Kenyans should support them. What they need most is strength and capacity to play their roles effectively.
But let us look at what some of these elected Women representatives have done so far. As much as we may blame them, a few of them have understood their role and contributed immensely at the National Assembly.
Among the bills sponsored by the women representatives is the access to information Bill which was sponsored by Nyeri county Women Representative Priscilla Nyokabi,Persons with Disabilities Amendment Bill 2013 sponsored by Nyandarua County women representative Wanjiku Muhia.
Furthermore, the sexual offences amendment Bill 2016 was sponsored by Busia County Women Representative Florence Mutua.The bill clearly defines a number of indecent acts that include inappropriate touching and other forms of sexual harassment.The Bill is expected to go for second reading in the House.
Apart from that we have the Basic Education amendment Bill 2016 sponsored by Baringo County Women Representative Grace Kiptui. The Bill is also expected for a second reading at the National Assembly.
Lastly we have the Engineering Technologies and Technicians Bill 2015 sponsored by Bomet County Women Representative Cecilia Ng’etich which is yet to be assented to by the President.
The representatives have also contributed to various family laws such as the marriage act 2014, the matrimonial property act 2013 and the protection against domestic violence act.
This comes even as a debate gets heated over a proposal by the editor general to slash the representation in the National Assembly as well as county assembly to address the issue of wage bill.
Indeed the new constitution ensured women have a stake in leadership and even as the debate on the auditor general proposal is ongoing, there is need to understand the constitution and the Kenyan society when it comes to electing women into leadership.
Will we do away with constitutional affirmative action or shall we change our mentality when it comes to voting?