Nairobi — Speaker Justin Muturi has ordered a fresh vote on a bill that seeks the realisation of the two-thirds gender principle to take place next Thursday afternoon.

This is after 195 MPs voted in favour and 28 against the Bill, which required the support of at least 233 to pass through the Second Reading after which it was to be transmitted to the Senate for consideration and approval.

Overview

The National Assembly failed to meet last year’s August deadline for enactment of the law, which would place more women in leadership through affirmative action

Lobbying for the crucial constitution Bill went on until late Tuesday evening as the 68 Women MPs hosted their male colleagues to a dinner to obtain their support

In his ruling, Muturi cautioned MPs against failure to cast their votes after it emerged they did not register their abstention.

“On that day we will use our mechanism to know who has not voted one way or the other. Standing Orders 76 states that it is gross disorder for you to be present and fail to vote or register an abstention. Be bold enough to express yourself because that is how you make decisions,” the Speaker directed.

At the time of voting 247 MPs were present in the House.

MPs Cecily Mbarire (Runyenjes) and Johnson Sakaja (Nominated) had called for disciplinary action to be taken against the errant MPs.

“From the look of the vote that we have just cast, there are some members who did not vote at all. What does that mean, Mr Speaker, when members do not say yes, do not say no; they do not abstain?” posed the Runyenjes MP.

“Let us not squander this opportunity at this monumental part of our country to make history,” Sakaja pleaded with the Speaker.

The Bill tabled by Majority Leader Aden Duale seeks to top up the number of women in Parliament should the General Election fail to meet the constitutional threshold.

The Duale Bill further provides for the achievement of the gender principle in Parliament within 20 years from the 2017 polls.

It also provides that persons nominated serve for a maximum of two terms.

It also seeks to amend various electoral laws, including the Political Parties Act, the Independent Electoral and Boundaries Commission (IEBC) Act, and the National Gender and Equality Commission (NGEC) Act, to effect Article 100 of the Constitution that seeks to promote representation of marginalised groups.

The National Assembly failed to meet last year’s August deadline for enactment of the law, which would place more women in leadership through affirmative action.

Lobbying for the crucial constitution Bill went on until late Tuesday evening as the 68 Women MPs hosted their male colleagues to a dinner to obtain their support.

While speaking in support of the re-vote, MPs Millie Odhiambo (Mbita) and Priscilla Nyokabi (Nyeri County) said they will be organising another occasion where the members can ‘throw a good jig’.

“For the women members I think we need another dinner dance. Those who might have missed the dinner dance yesterday don’t worry (because) over the weekend there will be another one, so that next week this Bill can pass,” Nyokabi said.

“I would like to encourage our brothers, we are not bribing you, but we are begging for the sake of our sisters, our aunties, our grandmothers and even the ones who are shouting mistresses, that for purposes of this I have no qualms, even if it is Mr Mabona (her husband) who wants to bring a co-wife to join me here, I will be very willing, Mr Speaker, Odhiambo said.

Duale led the request for a re-vote after the Speaker said he was hesitant to declare the vote had been lost because the number of MPs who voted against had not achieved the definite threshold to conclude the matter had been lost.

“What we are doing, Mr Speaker, is historic. What the Ninth Parliament could not do, what the Tenth Parliament under the stewardship of the late Mutula Kilonzo could not achieve, looks like the Eleventh Parliament will go down in history as the House that managed to pass all the 30 pieces of the Constitution implementation laws expect the one which will complete the full realisation of the constitution implementation process,” Duale noted.

Suba MP John Mbadi urged the Speaker to declare the vote lost which would open the door for any Kenyan citizen to move to court and seek the dissolution of the Eleventh Parliament on grounds that they have failed in the constitutional mandate to pass the legislation.

“We have to be ruthlessly honest with each other; this idea of pretending that we are supporting this Bill and we are not, I think we should just say as a House that we have failed so that the people of Kenya can decide what to do. Mr Speaker, it is pretence even if you defer this thing for five days we will still not get the numbers,” he said.

During the sitting, the Speaker was forced to extend the ringing of the Division Bell by an extra 15 minutes. He had earlier ordered that the bell be rang for 10 minutes after which he was informed that the two-thirds quorum had not been attained.

Muturi informed MPs that there were only 229 members present in the House – which is four MPs shy of the required threshold.

Duale and Minority Deputy Leader Jakoyo Midiwo and Chief Whip Thomas Mwadeghu ran out of the Debating Chamber to shepherd MPs back to the House to ensure they had numbers.

The MPs had earlier approved a Bill seeking to stop the Judiciary from interfering with the legislative process on Wednesday received overwhelming support from MPs.

242 MPs voted in support of the Bill while only 5 opposed the legislation sponsored by Homa Bay MP Peter Kaluma.