Dn ESD CeY WHY THERE ARE NOT MORE OF THEM, WHAT THEIR ROLE IS, AND HOW TO GET MORE OF THEM? KATIBA INSTITUTEWOMEN REPRESENTATIVES IN KENYA Ww WHY THERE ARE NOT MORE OF THEM, \ WHAT THEIR ROLE IS, AND HOW TO GET MORE OF THEM? INTRODUCTION Historically, women have been left out of representative and decision- making structures in Kenya. For instance, Kenya's first Parliament at independence was composed of men only. It was only in 1969 (in the country's second general election after independence) that a woman (Grace Onyango) was elected to Parliament to represent Kisumu Township. Kenyans have elected only 50 women to Parliament between 1963 and 2012. The number of women cabinet ministers (now “cabinet secretaries”) has been even fewer. This exclusion of women from elective and appointive positions has been going on despite the fact that women form the majority of the country's population, at 51.4 percent (according to 2012 estimates). Men sometimes give “explanations” to justify this situation. Arguments such as: “women are not leaders naturally”, “women are not interested in politics”, “women are not supposed to be leaders in the society”, etc. These are not explanations, so much as prejudices and stereotypes that men (and sometimes women) hold about women face. But they do disadvantage women, and contribute to their often dismal performance of women in elective politics. The real challenges women face include: * African culture thatis “patriarchal”, which means controlled by men, and that frowns upon women leadership and encourages men only to take position as leaders * The marriage institution that makes women leave their maternal homes and join their husbands in their matrimonial homes; thistends to make married women “strangers” in both the places where they grew up and their husbands home areas. * Political violence and chaos during elections are intimidating especially for women and discourage them from vying for elective office * The patriarchal society usually puts women at an economic disadvantage since family resources, income and wealth usually tend to be controlled by men ‘The result of all this is that in Kenya—and in many other countries—men control political power. In Kenya the forty-seven county governors and the President (elected in the 2013 general election) are all men; all the county Senators are men, and the overwhelming members of the National Assembly apart from the women county representatives. This power is used to amass more economic power making it even harder for women to get access to political office. Even women sometimes come to believe that leadership (especially political leadership) is the something for men only. A male-dominated society in spaces such as the family, in schools, colleges, the media, religion, business and other aspects of life, contribute indirectly and directly to the “normalization” of the practice that places men above women in society. The struggle for women's rights and political participation is not unique to Kenya. All over theworld, women have faced these challenges. The need to address these challenges led to global, regional and national processes leading to international and local processes to ensure gender equality. This led to major events such as the UN World Conferences on Women (Mexico, Copenhagen, Nairobi, Beijing that culminated in the adoption of the Beijing Platform of Action. In Africa, Article 9of the protocol to the ‘African Charter on Human and People's Rights (adopted in July 2003) calls for participation of women in elections without discrimination and theequal representation of men and women. Article 7 of The Convention on the Elimination of all Forms of Discrimination Against Women Ss (CEDAW) also calls for state patties to take appropriate measutes to ensure \ that women are not discriminated against in political and public life and that they participate in elections in equal terms with men. One important aspect of the Beijing Plan of Action is the idea that elected bodies should have at least one-third women, if necessary through special measures like quotas for women. Only then will women be able to make a significant contribution to governing that will end the prejudices. So long as there are very few women, they will feel inhibited, it will be hard for them to make their voices heard, and, even if they do a good job, the prejudiced will say “These are just the few exceptional women; most women are not like these”. This is the background to the role and the achievements of women in Kenya's constitution making processes. Women and their associations were particularly active and well organised in the process, and they were able to get support for quite radical ideas. What is now called“the two-thirds gender rule” was proposed and adopted during the constitutional review process. This says that there must be “no more than two thirds of either gender” in elected or appointed public bodies. Unfortunately, it was not possible to agree on exactly how to achieve this, except in the county assemblies. The purpose of this pamphlet is to enhance knowledge about the concept of women representatives in Kenya, their roles, and how their objectives can best be achieved. It will also propose ways through which the people can influence the decision on who makes it to the party list for nomination to fill the gender seats. Further, it will attempt to outline some successes from the work of women representatives.i” ‘Women representation under the Constitution of Kenya 2010 — The two-thirds gender principle appears several times in the constitution of Kenya 2010. Article 27(8) says that the State must take legislative (meaning make laws) and other measutes to implement the principle. Article 81 (b), about elections, repeats the principle. Article 197 applies it to county executive committees. The only provisions that take concrete steps towards achieving the principle in elected bodies are Articles 90, 97, 98 and 177. ‘These are explained in a later section of this pamphlet. ‘There are other important provisions for women. Article 10) emphasizes equity, human dignity, social justice, inclusiveness, equality, human rights, non-discrimination and protection of the marginalized who include women. Many other provisions in the constitution require that women are included in governance and their needs are addressed. Article 27 states that, “Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres”. Why it's important to have women in politics The exclusion of women denies a country the opportunity to fully utilize all its human resources, so holding back its development. Secondly, there are Katiba Institute meeting with the Isiolo County women aspirants and representatives of the community based organisations in November 2016. 4certain important perspectives that women could bring on board, which men can't, based on how they are socialized etc. Thirdly, women also ‘\Soeeen ws understand better the needs of girls and other women so an increase in their \ representation in government should mean that the rights of these groups are better protected. Fourthly, excluding any section of the population from involvement in government and public affairs involvement is a violation of their dignity. In addition, arguably, the inclusion of women in governance has the potential to promote accountability in governance and a more inclusive society in which women and girls participate in the governance and development of their own societies. A. WOMEN REPRESENTATIVES IN KENYA. 1. Who are women representatives? Article 97(1) of the Constitution provides for 47 women representatives in the National Assembly, one from each county, each elected by the registered voters of the counties, not just by the women voters ell the other special arrangements involve party lists, which we explain in the next section The National Assembly has 12 list members who are to represent special interests including the youth, persons with disabilities and workers. There is no guarantee of how many of these will be women (at present five of them are) — see the next section) Article 98(b)(c)(d) provides for sixteen women members, of the Senate (from party lists) and aman and a woman representing youth and a man and a woman representing persons with disabilities the Article 177 (1)(b), says that there must be extra seats in every county assembly if necessary to ensure that not more than two-thirds of the assembly are women. ‘There must also be members of every county assembly from “marginalised groups, including persons with disabilities and the youth”. Again there is no 5yy guarantee that a certain proportion of these will be women. The Elections = Act says each assembly must have four such seats. a | ‘The two-thirds rule applies to the county executive committee (the county cabinet) and the County Government Act says that the county assembly must not approve a county executive that does not respect this rule. And, the constitution says, Parliament must pass law to ensure that “the community and cultural diversity of a county is reflected in its county assembly and county executive committee”. 2. How are women representatives elected? The method of electing the county women members is clear: the system is just like electing MP’s for ordinary constituencies: just that each county is a constituency. ‘The method for choosing all the rest of these special members is harder to understand. The constitution uses the word “nominated”— which is a pity. It suggests that the parties freely choose their members after the general results have been declared, like the system for 12 members of the National Assembly under the old constitution. In fact these special members are elected. Before the election each party must produce a list of its candidates for each of these special types of seats. Article 90 of the constitution says that each list must be in the order of preference: the party's first choice at the top of the list, then its second choice, and so on. And men and woman must alternate on the list (except of course for the special lists to ensure the gender balance in the Senate and the county assemblies). So the list goes man-woman— man - woman of woman—man—woman- man etc. ‘The list are supposed to be published well in advance. Voters should be aware of who are on the list, and ideally they should factor this in to their voting decisions. In fact this aspect did not work well last time, in 2013.After the main results are declared (for 290 constituency MP’s, 47 Senators ot the ward members of County Assemblies) the entitlement of parties to ‘Sassen wm members seats from the lists depends on how many of these main seats \ they have won. If a party wins 50% of the National Assembly constituency seats it gets 6 of the 12 extra, list, seats. And these must be the first six names on its party list. If a party is entitled to an even number of members from a list (two, four, six etc.) those member will be half men and half women. [f itis entitled two one, three or five, it will have either more men or more women. If several parties share certain special seats, and they each have an uneven number, and each party had a man at the top of its list, there will be more men than women taken from lists. This happened with the National Assembly (so the 12 special seats are held by even men and five women). By far the largest number of list members are those in county assemblies to ensure the two-thirds gender rule is met. In the 2013 general elections, 95% of MCA’s elected were men so many extra seats for women were needed. In every county there had to be extra women members, from 39 in Nairobi to six in Lamu. B.ROLES OF WOMEN REPRESENTATIVES Women representatives in Kenya have the same roles as their men counterparts in both parliament and the county assemblies. To be an effective representative, a person should understand the purpose of cach level of Government, understand the area and people they represent including on the state of service delivery, their needs, resources and how they are being exploited, and be determined to make the system of governance succeed. In addition, however, since the women representatives’ positions are based on the affirmative action principle, the ‘women representatives can be said to have extra roles specific to the groups they represent. This is true of the 47 women county representatives in the 7National Assembly, the 16 women members in the Senate, and the extra =issee women in county assemblies. But women members should not take to ; simple a view of who they represent. Let's look at the groups one by one: Women MP’s for constituencies: they are elected by all voters. It is all right for them to take a special interest in women's issues. But they represent all the voters — men and women and whether the voters actually voted for them or not. County women representatives, National Assembly: their positions exist to ensure more of the women's voice. But they are voted for by women and men. And they represent all the people of the county, whether they voted for the member or not. Marginalised or special groups members in National Assembly, Senate and County Assemblies: there is a deliberate effort to get women in these groups so they are obviously intended to be the voice of women. But they also have another voice — person with disability, youth or other marginalised groups. They may be the only person from that group in the body so must be their voice. In fact they should represent all marginalised groups whether they are the groups to which the member belongs, especially if the particular group has no member atall in the body. Extra women in county assemblies: again they are there specifically to be the voice of women. But the law says that diversity must also be represented in the assemblies, and the extra seats for women may also be occupied by small ethnic or other groups, if parties have taken their responsibility seriously. Because they do not have geographical areas to represent, they may also choose to take up other issues. Every women member should remember that women have fought for very long to be in legislatures. It is a betrayal of that struggle not to take the opportunity to speak for women. But they should remember that they are 8not there for “women's issues” only. One of the arguments for having women is that they may have a perspective on other issues that is a bit different (think of environment, health and water for example) and women members should be prepared to express that perspective. But all members have a duty to think of the best interests of the nation or county as a whole, and not just of “my” gender, group, ethnic community or even party. UNDERSTANDING WHAT BEING A REPRESENTATIVE MEANS 1. Representation. Women representatives, like other representatives, have a duty to represent the people, that is, to listen to and express the will of the people in the county assemblies and parliament. To achieve this, they need to:- + Listen to the people by interacting constantly with the different groups they represent to know their views on different issues. + Take care of the interests of all groups using the principle (in fact it is aright) of equality. But just treating everyone the same may not be enough, especially for groups facing special difficulties or who have suffered past discrimination This is true of women, but of other groups as well. The needs of all women, or all poor people, minorities or marginalized people are not the same. All women representatives have a duty to ensure that the diverse needs of different groups are addressed in decision-making, law and budgeting, In addition to their other roles as a representative, Women representatives and MP’s who are in Parliament or a County Assembly to represent special interests must be particularly firm in ensuring that the needs of those they represent are addressed. * Articulate citizens' concerns to implementing institutions. * Be accessible to the people and always act in the peoples' interests both locally and internationally, 9+ Ensure that parliamentary and county assembly proceedings are open to the public and the media. * Ensure that citizens always know what their legislator is doing, what position or opinion she holds on crucial issues and why. Some use social media to communicate with their constituents. Using social media ‘Twitter, Facebook and What's App are being used by legislators. They can be good ways of communicating, But it is important to be careful. Some things to think about: + Are you excluding people by using these methods? + Tweets have to be very short — there is a risk of over-simplifying issues, perhaps even of offending people. * Are you developing just a one-way communication or are you prepared to read and respond to what others say (without involving yourself in undignified and unproductive arguments)? 2. Discussing policy Major policies should be represented by the national or county executive to Parliament or the County Assembly. Representatives should read these documents carefully to see whether the needs of the groups they represent and of the country/county are properly addressed. Polices should guide the work of the government in the future. 3, Lawmaking. Women representatives, with other representatives, are responsible for passing laws. Legislation can include repealing laws and outlawing customs and practices that discriminate against women in relation to access to resources, especially land etc. Women representatives can propose new laws themselves (pethaps with the help of organisations outside Parliament 10education, health, housing, income among others. or the County Assembly). They might be interested in laws = | w Tobe effective legislators, representatives should: + Insist that they are properly briefed about what a proposed law (a Bill) is intended to do, and why it is proposed + Attend and listen to the second reading debates in which the principle of the Bill should be explained and discussed. + If on a committee that discusses the Bill, get to grips with the sometimes difficult legal wording, don't be ashamed to ask for help from experts. + If the topic is very technical, at least try to understand the WHY is the law being proposed, what it is intended to achieve and isit likely to do so. * Work with other members, especially other women, to make a policy- gender analysis of new laws. A law may not say anything specific about women, but may still work differently for them than for men. Ask the views of women's organisations. + Ensure if you can that proper public participation takes place on the Bill O Remember that the constitution requires public participation in the work of legislatures, and laws have been declared unconstitutional because there was not enough participation * Try to prevent laws being rushed—it is important that new law is properly analysed and discussed before itis passed. 4, Budget Making. ‘Women representatives in both the county assemblies and parliament, like other representatives, have a major role in budget making, No money can be spent, and no taxes can be imposed, unless there is law to support this. Representatives should: * Not shy away from sitting in committees that discuss the details of the budget because that is where they can make the biggest impact 1Understand the budget cycle so they know when particular documents will be published Prepare in advance — not waiting until new and complicated documents appear and they realise they don't know how to read and understand them. O Especially make use of the resources prepared by the International Budget Partnership particularly those designed specially for Kenya (see http:/ /www.nternationalbudget.org/ Ensure that a simplified / Citizen Budget is published so that they themselves and the people can understand the budget. Ensure that the people (including women and minorities) are aware of and participate in the budget making process and have adequate time to give their views on the budget (the law lays down a timetable intended to make this possible) Read carefully the annual Budget Policy Statement (or the County Fiscal Strategy Paper if in a county assembly); this sets out the main ideas that will appear in the budget documents later. Carry out (with other interested people and groups) a gender analysis of the budget proposals and an analysis of how the budget will affect other groups they represent. A few pointers for Gender Budget Analysis What programmes for women has governments promised? What programmes do you believe are needed for women? Are these programmes expressly budgeted for? What programmes are budgeted for? How will each programme work for men? Will it work differently for women? Is the necessary information there about how the proposals will affect different groups? On tax proposals: how will the tax proposed affect women and other gaps? 125. Oversight. Oversight involves Parliament or the county assembly watching over how the executive (and the legislature) does its work to ensure they follow the constitution and act in the best interests of the nation or county. The legislature receives the annual reports of various public bodies, the audits of the accounts by the Auditor-General and the Reports of the Controller of Budget. It can set up committees to probe certain issues, and require people to come and explain issues. In extreme cases legislatures can pass motions requiring members of the executive to be removed by the President of the Governor. And they can even initiate procedures for the removal of the President or a Governor. To be effective representatives should + Be prepared to serve on committees probing issues that are of importance to them * Read the documents in advance + Prepare for meeting that are overseeing the work of others by discussing with other who are knowledgeable (which does not mean allowing their judgment to decide for the representative) + Be active in the committee, asking for explanations of things that seem wrong or puzzling * Ensuring that anyone whose conduct is under investigation is given a fair chance to explain. * Notallowing their assessment of the work of others to be influenced by personal prejudice whether based on ethnicity, religion, gender or party. + NEVER teceiving any personal benefit for the way they decide matters O Theconstitution says that no state officer (which includes any elected representative) must allow personal interest to conflict with their duty) and, of course, taking a bribe is a crime 136. Vetting of appointees Many public appointments have to be approved by Parliament or the relevant county assembly. This is a chance to ensure that the constitution and the law are followed, and that the people appointed are the best possible. Representatives involved should: * Be aware what is involved in the post for which a person is being interviewed * Find out what ate the qualities needed for an effective holder of that post + Be aware of any issues that affect whether the requirements of the constitution including about public bodies reflecting the diversity of the people of Kenya are being complied with. © Theconstitution says: Q_ everyone has the right to be treated equally certain groups ate specifically mentioned as having the right to participate and be represented in governance including minorities and marginalised groups Q progressively the principle that at least 5% of the members of the public in appointed bodies should be persons with disabilities must be implemented. * Find out the make-up of the body of which the person being interviewed will be part (e.g, a commission, executive etc.) to know whether the two-thirds gender rule is being respected * Be fair to the person being interviewed in terms of giving him or her enough time to answer question and treating the person with respect + Notallow person prejudices, ethnic preference ete. to influence their decision 7. Development Funds Various funds have been set up to help local development schemes. Sometimes these involve elected representatives, Particularly the County 14‘Woman Representative is patron of the National Government Affirmative Action Fund at the county level and the constituency Member of Parliament at the constituency level. The Regulations setting up the Fund explain the role of the patron. The Constituency Development Fund still exists and some counties have set up Ward Development Funds. Representatives should ensure that: * They understand the functions of a particular fund + That they understand their own role and what they can and cannot do * Avoid getting involved in any situation that leads to a conflict of interest between their public benefit and their duty to the public: they must not make receive any personal benefit other than a legally approved allowance if any, and must not favour anyone in the administration of the fund on the basis of favouritism or other irrelevant factor. 8. General principles Women representatives should: * Respect the Constitution and other laws themselves and try to see that others do so, including human rights, the other national values + Understand their own roles by studying the constitution and in other ways * Understand the purpose of the body they are part of and how it works, and how it relates to other public bodies. For example, how does the county government relate to the national Government, and how does the county assembly relate to the County Executive and the Governor? OAs well as the constitution, it is important to understand the Rules of Procedure or Standing Orders * Remember that a member is not just the voice of those who elected him or her. For example, if the people want something done that violate the constitution, the representative must not support it. * Remember that she is a role model for girls and other women, etc. 15