The handshake heralded a new era of politics. Of course, the 'handshakers' were men but we are happy to hear of the roles women played behind the scenes. Women leaders saw the moment for what it was, a moment for communities to come together and build bridges.
After years of pursuing implementation of the two-thirds gender rule, women knew the handshake provided a critical opportunity thus the quest to build gender bridges as well. Many women leaders endorsed the handshake for ushering in peace and tranquility. Women leaders visited Mama Pendo in her Nyalenda home. At the BBI launch, her message was clear. No mother should a lose baby to election skirmishes and violence as she did.
Women have every reason to support the BBI that has many positive attributes including gender gains, Article 43 on rights, increased county and ward funds.
The BBI report was launched after a daunting task of listening to a multiplicity of voices including women responding to the BBI Taskforce Report launched in November 2019.
The steering committee made constitutional, legislative, policy and administrative recommendations. Women made proposals through various groups among them; Common Women Agenda (COWA), constitutional commissions including NGEC, Caucus 47 of Women Representatives, Embrace Women Leaders Team, the private sector, civil society, religious organizations and community-based organisations. Key messages by women were:
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1. Protecting gender gains in the Constitution.
2. Building gender bridges, inclusion of women and full implementation of the Two Thirds Gender rule.
3. Addressing critical societal issues that are part of the women agenda including Article 43 rights on health, housing, water, food, education and social security.
4. Addressing sexual and gender-based violence, especially to young women and girls. There were many incidences of femicide and domestic violence. Violence against women participating in elections needs to be addressed.
5. Women economic empowerment ensuring inclusion of women in the economy.
The BBI report captures and addresses many of these proposals. Women need to celebrate the gender gains that move the fight for gender equality several notches higher. The Constitution of Kenya 2010 gave women many gains. The BBI 2020 has implemented the gains and made them tangible for women and other special interest groups of youth and persons living with disability. Through preliminary assessment, some of the gains include:
(a) The Senate that has a balanced 50:50 representation of elected men and women and offering equal power especially to determine county allocations now set at 35 per cent with 5 per cent going to the Ward Development Fund. Women Senators will now have an opportunity to include in the County Fund Allocation Formula, Last Mile Water Connectivity to ensure 100 per cent water connection. Women Senators can ring-fence 5 per cent of county funds for women economic empowerment. With counties getting 35 per cent of the allocation, this is over Sh500 billion. Five per cent would be in excess of Sh25 billion way above the National Government Affirmative Action Fund of Sh2 billion. The proposal is to have NGAAF remain in the budget and Treasury will designate women MPs as patrons of the funds.
(b) The Council of Governors (COG) will have two nominees at the Commission for Revenue Allocation (CRA) that generates the County Revenue Formula. One of the COG nominees to CRA must be a woman. The County Allocation Formula is generated by CRA where the two-thirds gender rule should be complied with in nomination of the Commissioners.
(c) The Governor and Deputy Governor being of opposite gender with the Deputy Governor assigned a portfolio. Constitutional matters are negotiated. The language of shall consider was compromise language to protect the clause.
(d) The Political Parties are bound to provide to the IEBC a list of candidates that is two-thirds gender compliant. In all elective seats, all parties must ensure women are part of the candidates including in the stronghold winnable areas. This will encourage more women to come out and seek elective seats.
(e) Protection and entrenchment of Article 43 on the Rights to Health, Housing, Food, Water, Education and Social Security as priority budget items in public finance. Importantly, requiring the President to address Article 43 implementation in the State of the Nation Address every year as an accountability mechanism. The Ward Development Fund shall be used to implement Article 43 rights. The problems women and families are going through will be better addressed; bursaries, water, education and health projects (e.g. laboratories and maternities), agriculture, food security and animal husbandry are now all possible at the ward level every financial year.
(f) Protection against sexual and gender-based violence including during elections, teenage pregnancies and early girl marriage. Electoral violence against women is now aggravated assault with harsh penalties.
(g) The Responsibility Clause in the Constitutional Bill capturing citizen’s responsibilities including parental guidance is positive to nurture strong families and make our children responsible citizens.
(h) The Kenya National Policy Guide on Unity in Diversity including gender mainstreaming while addressing intersectionality issues – women with disabilities, young women and women from minority communities.
(i) Gains in representation for young women and women with disability in the National Assembly. Two women with disability and one young woman have guaranteed seats in the National Assembly.
(j) Gains for the young women including the Youth Commission that will have Six Commissioners with equal representation of both genders.
(k) Administrative guidelines on women economic empowerment including women access to procurement opportunities and business incubation centres.
(l) Inclusion of an Economy Clause in the Constitution will greatly aid women in business. Women must be part of baking and sharing the national cake.
(m) Establishment of the Statutory Health Services Commission to address Health Human Resources. Majority of the health workers are women.
-The writer is a NGEC commissioner, former Nyeri County MP and an advocate of the High Court of Kenya.
