There is a danger in just having women who do not and cannot fight for the rights of their constituencies. They become government mouth pieces and cannot bite the hand that feeds them -DR MIRIAM ATEMBE, former Ugandan minister

“When I first decided to run for parliament, church elders went to talk to my dad. They felt I was an indiscipline child and wondered why my dad was not disciplining me enough. My dad could not prevent me from running for office and I did it and won. In the process, my dad was thrown out of the church leadership”. Those are the sentiments of Gichugu Member of Parliament and Kenyan presidential aspirant, Martha Karua. The statement underlines the lack of equal opportunities for both men and women as they seek political office.

Currently, there is debate in the Kenyan political scene over a constitutional requirement that there shall be no more than two thirds of one gender in both elective and appointive positions. Article 27 of the Constitution in its entirety addresses the issue of equality and freedom from discrimination based on gender. It has been argued that failure to comply with this requirement, especially in elective positions come next general elections, will lead to a constitutional crisis.

The cabinet has therefore proposed an amendment to the Constitution to provide a formula of guaranteeing there is no constitutional crisis. The amendment entails increasing the legislative numbers to a count that will ensure the spirit and letter of the Constitution is respected. This will be done through nominations by political parties based on Parliamentary strength.

Neighbouring countries such as Rwanda and Uganda have, however, made great strides in giving women an equal opportunity. The two countries represent what may or may not be achieved in the process. This is because while affirmative action is being championed in both countries, the goal and implementation differ, hence resulting in different outcomes. In Uganda, the government creates districts every so often to increase the number of women representatives and help the government pass certain legislations. The Ugandan constitution proclaims that 30 percent of positions must be availed to women. Parliament has 33 percent of women while the local government has 34 percent. The concern is, however, about the lackadaisical performance of these women representatives.

They are seen to represent the interests of the ruling party and not necessarily the people they represent. Dr Miriam Atembe, a former cabinet minister and legislator for 17 years, notes that it is the men who opened the space for more women representation but there is a danger in just having women who do not and cannot fight for the rights of their representatives. “They become government mouth pieces and cannot bite the hand that feeds them”, she affirms.

Dr Atembe experienced the wrath of going against the grain by being kicked out of cabinet and efforts made to ensure she does not regain her parliamentary seat when she was against the removal of term limits for the president. Betty Namboze, the Mukono legislator, argues that critical questions must be asked on how effective this process has been because the women fail to deliver. In appointive positions, they best serve as deputies and it is the ‘deputies syndrome’ that the former MP says is wanting.

However, in Rwanda a third of the cabinet and 56 percent of members of Parliament are women. After studying the affirmative action of Sweden, Rwanda has implemented well and even surpassed its mentor. The genesis of these progressive laws is the aftermath of the 1994 genocide. The genocide was occasioned by untold brutality and suffering by women and children in the hands of militias. Furthermore, culturally, the woman started being viewed as a cornerstone of society hence the need to entrench her in critical decision making organs. They therefore embraced this and moved from the kitchen to political leadership positions.

The 2003 Rwandan Constitution did away with many regressive laws and this constitution is being implemented to its full, the spring board being that human rights dictates equality of both gender. Connie Bwiza Sekamana, an MP says that criminalisation of trivialities in political campaigns, adequate training, affirmative action and men supporting women by allowing them to take leadership positions has guaranteed the realisation of gender requirement.

She adds that women legislators work as a team and this ensures their interests are promoted. There is also a gender monitoring office that has the sole purpose of monitoring the gender balance in public office. Perhaps more critical to these gains is the enormous support that the ruling party, the Rwanda Patriotic Front (RPF) has given the process. The party has shown political leadership and commitment to realising that women are empowered adequately. Furthermore, Rwanda has the International Day of the Rural Women and this day exalts the rural women and gives the much needed respect and place in society.

As the debate in Kenya unfolds, these are tangible lessons that should be considered if the Constitution is to be respected. An interested survey was undertaken by the National Convention Executive Council (NCEC) which revealed that women MPs are mostly elected in urban centres or in their patriarchal constitution. In addition, youthful legislators are most against affirmative action. Cyprian Nyamwamu of the NCEC argues that perhaps their objection is the fact that they feel the women pose great competition to their political careers. They feel they are being given a pedestal that will disadvantage them.

Equally important in this debate is the type of election employed. Kenya has a first-past-the-post system that is very unfriendly to women. This is because they are exposed to a tirade of political, cultural and religious practices that make it difficult for them to compete favourably. Rwanda has a Mixed-Member Proportional Representation system. This system allows voters to vote for parties while being aware of the list of nominees the party is presenting. Nyamwamu avers that this is the best route Kenya would have taken.

It is, therefore, apparent that conscious and deliberate efforts in policy and implementation will give credence to this debate. The phenomenon of women accepting to play second fiddle by only going for deputy positions in appointive seats should also reduce. Martha Karua adds that the vehicle to change is through the middle class who are informed and should take over political parties and drive change. Affirmative action is, therefore, necessary to leverage the poisoned starting point’s women encounter

By SHITEMI BARON KHAMADI