A galaxy of women leaders drawn from across political, regional and professional divides yesterday assembled in Nairobi and audited each chapter and article of the Harmonised Draft Constitution of Kenya, taking a common position on each one of them which they will then present as their official stand to the Committee of Experts.
The women meeting came on the backdrop of fears that majority of the women in the country are not engaging in the discussions and debates around the draft constitution, yet they are the most marginalized and disadvantaged group.
Provisions in the draft constitution as captured in their audit, are expected to reverse the past gender injustices and failures, hence the importance of women of all races and classes, to own this process, the women said.
Speaker after speaker at the meeting said that this time around the process should not fail and they are prepared to make it a win-win situation for everyone in the country. The draft recognizes issues of gender and the marginalization that women have encountered for many years in political, economic and social spheres and spells out the steps to be taken to right the wrongs.
During a meeting organized by Kenya Women Political Alliance and attended by FIDA-K, Caucus for Women Leadership, CREAW, AWC, Maendeleo ya Wanawake, National Council of Women in Kenya (NCWK), the women were in agreement that generally the draft constitution has captured some of their concerns even though there were articles that were contradicting the spirit of Affirmative Action which is enshrined as a principle in the Draft.
While taking the women through the draft constitution, Prof. Wanjiku Kabira, a lecturer at the University of Nairobi and formerly a commissioner with the Constitutional of Kenya Review Commission (CKRC), reminded them about the long journey they have traveled to make sure that Affirmative Action is enshrined in the constitution.
“For the women, it has been a long struggle to see the issues they have advocated for being reflected in the harmonized draft constitution,” she said.
Commenting on the hardline positions taken by some politicians on some chapters in the draft constitution, Deborah Okumu the Executive Director of the Caucus for Women Leadership said the women were this time hopeful that a middle ground will be realized to give the country a new constitution.
It was at this point that the women were taking through the draft documenting, singling out its benefits to them. Auditing the report from a gender perspective, Wambui Kanyi tackled clause by clause and article by article of the draft, bringing out the salient features of each.
On the National values and Principles, the women are happy that Article 2(1) guarantees women full participation in the political, social, and economic life of the nation. Article 2 (j) provides that the government will use a principle that stipulates that not more than two-thirds of the members of elective or appointive bodies shall be of the same gender.
In Kenya, where getting into political leadership is sometimes next to impossible for women, this is a positive step to realizing the 30 per cent representation in all political and all other decision making organs.
On the section on citizenship, article 17 section 1,2 and 3 gives the mother the right to confer citizenship to her children, something women have been advocating for, for a long time. There are cases where women have found it difficult to get vital documents for their children if the father is not there or if they present applications for such documents as single parents.
What will also change is a situation where only men can confer citizenship to their non-Kenyan spouses. Article 18 gives women the right to confer citizenship to their non-Kenyan spouse, a privilege that will now be enjoyed by both genders.
On chapter five on culture, women singled out Article 7 (f) which focuses on the protection of the intellectual property. This is likely to contribute to women’s economic empowerment as they are the custodian of culture.
The women were happy with the Bill of rights chapter six, which they say has contextualized well women’s rights within the human rights framework. Article 38 states that women and men have the right to equal treatment including the right to equal opportunities in political economic, cultural and social activities.
On the emotive issue of land, women are pleased with how the draft tackles it. In Chapter 7 on land and property, article 77 (2) f, states that elimination of gender discrimination in laws, regulations, customs and practices related to land and property will ensure women inherit land.
Equally pleasing to the women fraternity is Chapter 10 on the Representation of the People. Of particular interest to them is Article 102 (b) which directs the electoral system to also satisfy gender equity in elected bodies as provided in Article 13(2)(j) on implementing the principle that not more than two-thirds of the members of elective or appointive bodies shall be of the same gender.
On the legislature; Article 15 (b) states that two women shall be elected from each county assembly acting as an electoral college and on Memberships of the National Assembly, with sections in article 126 providing how the women and persons with disability will be elected.
On devolved government in Chapter 14, women noted that the issue of devolution is one of the major chapters that will have direct positive implication on women’s participation in decision making. First and foremost it ill bring power closer to where majority of the women are and secondly the implantation of Affirmative Action principle of one-third presentation of either gender will greatly contribute towards nurturing women for leadership at all levels.
Article 214 (c), for instance, states that no more than two-thirds of he members of representative bodies in each devolved government shall be of the same gender. And within the regional assemblies, Article 216 (3) notes that in electing delegates, county assembly shall take into consideration ethnic and other diversities, including gender representation in the county.
But women gathered at yesterdays meeting were painfully aware that unless there is consensus on the Executive, Devolution and the Kadhis courts, then all these good provisions will not come to fruition. They have therefore pledged to work hard to ensure there is a compromise on these issues.
