The National Council of Churches of Kenya (NCCK) a family of Christian Churches and Communion, has called for a structured and broad-based dialogue for Kenyans to have appropriate platforms, to discuss issues that affect the nation and find viable solutions.
”Over the last 13 years, different initiatives have recommended measures and strategies to facilitate implementation of Article 27 (8) of the Constitution,” said NCCK.
Article 27 (8) reads 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.
”Further, the observation has been that in providing for the membership of the National Assembly (Article 97 (1)) and Senate (Article 98 (1)), the Constitution failed to include a provision similar to Article 177 (1)(b) which is providing for members of the County Assembly.”
”Similarly, a parallel provision at the national level (Legislature and the Cabinet) is lacking with regard to what is provided for in Article 197 (1),” NCCK added.
The primary recommendation, then, has been that the Constitution be amended to roll upwards the gender-related provisions made at the county level to the national.
In solving the two-thirds gender rule the council suggests the following recommendations to the state:
- The State is to prepare and release a comprehensive report detailing the measures taken to comply with the provision in Article 27 (8). The report should show laws, policies and strategies, as well as reporting on actions taken when state bodies, organs and committees have failed to adhere to the rule.
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- Public participation be facilitated to enable Kenyans’ input on the legislation, policies and strategies for compliance with the Constitution through implementation of the two-thirds gender rule.
- The government facilitates a comprehensive civic education programme to educate all Kenyans on the contents of the Constitution of Kenya. The first step in this process would be the inclusion of reading the Constitution as a unit in the Basic and Tertiary Education curricula.
- The three arms of government should set an example for the citizenry by adhering to the provisions in the Constitutions and the Laws of Kenya. If each organ plays its role, then the checks and balances will automatically play out.
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