In 2017, a judgment was issued affecting the two-thirds gender principle and then IEBC chairman Wafula Chebukati communicated to parties to adhere to the ruling.
In the matter, Katiba Institute argued that IEBC as a creation of the constitution cannot facilitate the breaching of constitution principles. Regardless of Parliament failing to enact legislation enabling the representation, the commission should use any means.
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The court instructed the IEBC to ensure the principle is upheld. Even without a law, they should come up with mechanisms to ensure compliance. Every party was thus required to send lists for the ballot that meets the two-thirds gender principle.
Lawyer Adrian Kamotho challenged the directive citing lack of public participation, and the courts ruled in his favour.
Now that the 14-day appeal window had passed, it is incumbent upon the Office of the Registrar of Political Parties to ensure adherence. Parties can be mischievous and can field candidates where the female candidates have no support. With the calls for zoning, IEBC needs to step up and ensure they don’t engage in mischief, since not all numbers will be realised.
The two-thirds gender principle is achievable at nominations stage. In 2022, ODM leader Raila Odinga made a decision that ensured every female MP who held an open seat got a direct ticket to contest the election.
And since most of them were where the party is strong, they won the races. It is not that women can’t run, the success rates depend on the party’s popularity, and in most cases, winning a nomination is counted as already winning.
The main challenge with us is our electoral system. It is not compatible with where we want to go. It is not addressing exclusion, which was what people gave as the reason they fought in 2007.
This first-past-the-post is the main challenge, since it can be manipulated in favour of those who can easily bribe their way in, or have money for mobilization of popular support, and maybe, goons.
IEBC should be encouraged because one wonders why it should take us 17 years to realise this principle. Kenya should not play in the league it is, where even Burundi is doing better than us in balanced gender representation.
Executive Director, CRAWN Trust spoke to the Star
