– NGEC commissioner Dona Anyona said no progress had been made to beat the August 27, 2015 deadline.
– The Supreme Court gave Parliament until August to pass the necessary laws to achieve the goal.
– Senator Omar said that if the deadline expired before any changes are made to the rule, Bills made by the two Houses may be rendered null and void.
The commission on gender equality on Thursday blamed Attorney-General Githu Muigai for the country’s failure to meet the two-thirds gender rule.
The National Gender and Equality Commission said the AG and the Charles Nyachae-led Commission for the Implementation of the Constitution are yet to propose laws that would enable Kenya meet the threshold.
NGEC commissioner Dona Anyona said no progress had been made to beat the August 27, 2015 deadline.
She said that both Senate and the National Assembly could be declared improperly constituted after the deadline.
The constitution demands that no gender should constitute more than two thirds of positions in a public organisation.
The Supreme Court gave Parliament until August to pass the necessary laws to achieve the goal.
ABUSE THE LAW
The commissioner said Kenyans, including women, voted for the new constitution and would not let the law be abused as far as the issue of their representation in Parliament was concerned.
Speaking during a meeting of women leaders from Kisumu County on Friday, Ms Anyona said there would be no negotiations on the matter since it remained a question of the Supreme Law.
“We have to do what it takes to ensure that the required framework is in place for equality,” said Ms Anyona.
The Law Society of Kenya (LSK) chairman Eric Mutua told the Nation on telephone that missing the deadline would result in dire consequences going by the ruling of the December 2012 Supreme Court ruling.
The highest court in the land set the August 27 deadline, when the AG sought its opinion, warning that the laws must have been set by then.
“Parliament must come up with a consensus if the gender rule is not implemented as required by the constitution. We are likely to get into a constitutional crisis since any court can declare any business done after the deadline a nullity,” said Mr Mutua.
He said the issue was bogged by the complexities of the political and economic challenges that come with its actualisation.
“We cannot blame any constitutional body for this crisis since it is not an intention of any quarter to derail the gender rule agenda. The political complexity must be resolved,” said Mr Mutua.
Senators, among them Prof Anyang’ Nyong’o (Kisumu) and his Mombasa counterpart Hassan Omar, have been vocal about the need to implement the gender law.
HAS NO CHOICE
Gender commission chairwoman Winfred Lichuma, who was not in the Kisumu forum, said in a telephone interview that Parliament had no choice but to make the law succeed.
Senator Omar said that if the deadline expired before any changes are made to the rule, Bills made by the two Houses may be rendered null and void.
“After next month, people will question the credibility of the Bills generated in both Houses with claims that they are not properly constituted. This will paralyse their functions,” Mr Omar said.
Ms Anyona said it was up to the constitutional bodies to ensure that Kenya achieved the gender equation since it was no better than countries that have reached the required limits.
“We cannot have our country have only 19 per cent representation of women in parliament. Countries such as South Sudan, Burundi, Rwanda, Sudan, Tanzania and Uganda are having at least above 28 per cent with others at 63 per cent,” said Ms Anyona.