70 constituencies ‘must elect women’
Now this I bet Kenyans had not seen it coming. Not the requirement to elect atleast a third of either gender in the upcoming general elections, but the method to achieve it. It is bound to be a controversial proposal on how to get the quota required for gender representation in adherence to articles 3(2), 27(6) & (8) of the Kenyan Constitution. The Constitution is a clear expression of the general will of Kenyans and as a document it represents the social contract between the Kenyan people and the Kenyan State. The question is, even if a majority of Kenyans supported the passage of the New Constitution and they agreed about gender representation, did they foresee a controversy in the way the elective positions would meet this constitutional requirement? I believe as at the time of passing the Constitution, it never was a concern. However, now the reality of the challenge has dawned on Kenyans as to how the problem of ensuring this requirement is dealt with as far as elective positions are concerned come the general election.
Coming to the proposed formula by the IIEC, does it reflect the popular views by Kenyans? Is this the method Kenyans thought would be used to ensure the gender representation requirement is adhered to? Will Kenyans agree to cast lot to have 72 constituencies elect a woman by default without raising eyebrows? To more Theoretical questions; does the proposal run on the face of the tenets of democracy? Does it infringe on the Constitutional Rights of the citizens guaranteed by the same constitution it tries hard to adhere to? Supposing the formula is adopted, what happens to those who may be opposed to it? Is there an alternative method of ensuring these provisions of the constitution are met? Answers to these questions would go as long way to solve the puzzle that we are facing as a country. The new constitutional dispensation has brought with it new challenges. I believe professionals out there have an answer to the challenge.
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