By Odipo Osano
I propose that National Assembly representatives from the 290 constituencies should comprise winners and best losers. If all the constitutional provisions are obeyed, then all the winners should join Parliament.
Should we fall short of the threshold of one-third-gender rule then best losers among the disfavoured gender should be picked fairly across the country and elevated to become MPs. Best loser need not be a runner up. The number of best losers elevated in a county should not be more by one than any other county.
The elevated best loser should be judged by the proportion of registered votes garnered in the respective constituencies but he /she should not replace an elected MP whose party has achieved threshold of a third of countrywide gender representation (elected MPs) or the best loser should not replace a person registered as disabled until all possible replacements are exhausted.
In this case the next best loser should be elevated.
A best loser from a political party that did not comply with gender equity rule at nomination level or who is an independent candidate should not replace elected persons whose party complied. The challenge of picking the best losers could be subject of debate but the specifics I provide lend themselves to constructive and progressive improvement in case no one else has a better solution.
This proposal is in line with Article 27(3) of the Constitution, which states that “Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres”. Filibustering on this rule is not an option.
The need to mobilise all Kenyans of both genders to participate in leadership cannot be gainsaid. My suggestion has a range of implications.
Most importantly, it does not favour any gender, party or person prior to the elections and allows the number of either gender to freely play within the legal limits of 117 to 233 MPs. No benevolent appointment will be extended to anyone and, only the persons who have exposed themselves to the rigors of political campaigns will become MPs.
The ‘best loser’ may not even gain if the political parties nominate equitable numbers of each gender. Party ticket is the most important key success factor in elections in Kenya and biased nominations presents the most formidable barrier to gender equity.
The proposal spreads its application countrywide and instils gender sensitivity in the parties. It encourages parties to invest in both genders so that they succeed in attaining two key thresholds – those nominated and those winning in elections.
The expected equitable Parliament will gain the experience of working in a more gender-balanced environment. Both the nominated and elected members will gain the requisite electoral experience and advantages of incumbency in the successive elections so that the efforts to achieve gender equity will be considerably lessened.
Mathematics is applied when we mention two-thirds gender rule and in our presidential elections. When a fair formula is known, mathematics can be applied extensively to solve a number of social problems.
Basically, the world was relieved from the great depression of 1950s by application of Keynesian mathematics and fair countrywide representation in US is tinctured with some mathematics like US elections of 2000.
Fellow Kenyans, let us agree that our cherished voluntary elections fall short in many ways. MPs seldom gain majority of the casted votes and worse, when we correct for the voter turnout and total constituency population who are qualified to vote, then a number of representations are doubtful.
We only vote for those we like and who are listed in the ballot; we do not have the option of voting ‘no’ or ‘none of the above’.
A person not liked by majority in a constituency can become MP. We need to understand that by voting for the Constitution we unequivocally (since we voted no and yes) voted to have not less than a third of any gender in Parliament. That was our conscious desire and it is a good one.
