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70 Constituencies reserved for Women????
Jaina
#1 Posted : Wednesday, July 13, 2011 7:33:42 AM
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Joined: 5/13/2008
Posts: 558
Though the constitution tried to ensure Gender parity in Public offices, i think there is bound to be ambiguity if the proposal by Hassan is to be implemented.

http://www.nation.co.ke/...-/15avcevz/-/index.html

Points of Concern:

1. What prevents any Man to sue the electoral commission for violation of his rights and discrimination based on gender?.

2. Shouldn't this be considered an abuse of democratic process where some gender is imposed on the electorate?

This is absurd to say the least.

willin2learn
#2 Posted : Wednesday, July 13, 2011 8:39:58 AM
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Joined: 2/12/2008
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@Jaina. That's one of the most absurd laws in that constitution.I can guarantee you that the next government will be 'illegal' because there is a high chance the number of elected women won't get to a third.

And whatever happens to freedom of choice?

willin2learn
#3 Posted : Wednesday, July 13, 2011 8:43:32 AM
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Joined: 2/12/2008
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Talk about dictated democracy
Lolest!
#4 Posted : Wednesday, July 13, 2011 9:36:02 AM
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Joined: 3/18/2011
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Location: Kianjokoma
Katiba mpya ina mazuri na pia mabaya.
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For Sport
#5 Posted : Wednesday, July 13, 2011 9:40:05 AM
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Joined: 12/23/2010
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@ Jaina
Are you sure you read the Constitution before voting? (I'm assuming you voted for)
These questions/ rants that keep arising on matters that are clearly spelt out in the Constitution never cease to amaze me.

Btw, in Uganda, In Uganda, 112 out of 375 seats are reserved for women. (34.9%)
Rwanda: women currently occupy 45 out of 80 seats.
in the Chamber of Deputies AND 9 out of 26 (34%) in the Senate. (Highest percentage of women in Parliament in the world).
Tanzania: 36% women.
Kenya: 22/224 (9.8%)

Here's a table: look at the countries at the bottom of the list and the countries at the top of the list (with a few exceptions) and tell me where you want to fall (development wise).
http://www.ipu.org/wmn-e/classif.htm

Affirmative action which is used to correct imbalances)has been used in most of these countries (at the top of the list) to correct previous imbalances and ensure that democracy is participatory. Participation by the way is not limited to voting - it extends to having a voice in making decisions which affect everyone's lives.
http://www.ipu.org/wmn-e/classif.htm
McReggae
#6 Posted : Wednesday, July 13, 2011 9:45:44 AM
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Joined: 6/17/2008
Posts: 23,365
Location: Nairobi
In that particular provision, they did not think straight, appointed ni sawa lakini elected, hapo wamenoa!!!!
..."Wewe ni mtu mdogo sana....na mwenye amekuandika pia ni mtu mdogo sana!".
Jaina
#7 Posted : Wednesday, July 13, 2011 11:13:16 AM
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Joined: 5/13/2008
Posts: 558
@ 4 Sport,

I have nothing against women, but there is no correlation between women in leadership positions and development.

The absurdity with the proposal is obvious, whichever way you look at it. How can it be implemented without infringing on the fundamental freedoms and rights of Men as stipulated in the same constitution?

Favoritism in any form builds mistrust. We are already experiencing situations where the same women fails to apply for positions reserved for them.
bwenyenye
#8 Posted : Wednesday, July 13, 2011 11:23:00 AM
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Joined: 5/24/2007
Posts: 1,805
All Nairobi Constituencies MUST have women MPs... lol!
I Think Therefore I Am
Intelligentsia
#9 Posted : Wednesday, July 13, 2011 12:20:38 PM
Rank: Elder


Joined: 10/1/2009
Posts: 2,436
Women Don't (necessarily) Make Better Leaders (by Elisabeth Eaves is the deputy editor of Forbes.com's opinions channel)

...The only reason we don't have many examples of terrible female leaders is that we have had vastly fewer women in charge, period.

... The examples we do have, meanwhile, suggest that autocratic tendencies and bad judgment appear to be distributed along a bell curve for women just as they are for men. Indian Prime Minister Indira Gandhi indulged in a period of dictatorial rule. Benazir Bhutto's femininity didn't make her immune to the nepotism and corruption of Pakistani politics.

...Women do not make categorically better leaders, and it's no favor to them to suggest that they do. By all means, let's elect smart, judicious leaders who happen to be female--but don't expect them to do a better job than the men by reason of estrogen alone

http://www.forbes.com/20...ped-cx_ee_1024eaves.html
Impunity
#10 Posted : Wednesday, July 13, 2011 12:34:43 PM
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Joined: 3/2/2009
Posts: 26,328
Location: Masada
Conwonanship.
Nktest.
Will not see the light of the day.
Portfolio: Sold
You know you've made it when you get a parking space for your yatcht.

For Sport
#11 Posted : Wednesday, July 13, 2011 12:50:40 PM
Rank: Veteran


Joined: 12/23/2010
Posts: 1,229
Impunity wrote:
Conwonanship.
Nktest.
Will not see the light of the day.


It will.
It has.
iko kwa katiba
(I mean women's participation - not the conwomanship - there are mechanisms for dealing with bad leaders).

Jaina
I’m also not so sure there is a relationship.
But I’m not so sure there isnt. Opinions on the matter are split. Most of the countries at the top of that list are doing better than fine. facilitating environment maybe - it shows they are open
Someone should research this stuff.

You might want to look at this: (needs time though).
http://www.boell.or.ke/d...in_Leadership_Study.pdf


Intelligensia, there are several more women who would qualify for that list including several monarchs e.g. catherine the Great, Queen Mary (aka bloody Mary) and several more recent female leaders - thatcher (falklands war), Golda Mier (Israel/Palestine conflict)and so on. Everyone in power will make an unpopular or plainly bad decision at some point - it comes with the territory. Granted, it can argued that women in power behave exactly the same as men in power – but a more participatory system allows for more ideas, solutions, perspectives etc making it better for everyone all round.

PLUS Article 100 of the Constitution requires Parliament to enact legislation to promote representation in Parliament of women, persons with disabilities, youth, ethnic and other minorities and marginalized communities.

But trust me, the debate will zero in on women, ethnic and other minorities and marginalized communities.

Impunity
#12 Posted : Wednesday, July 13, 2011 12:58:25 PM
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Joined: 3/2/2009
Posts: 26,328
Location: Masada
Whay cant women just fight for the positions and win them?just like Madam Martha Karua....why do they need special arrangement?
I thought we are all equal...or less from now on I will take women to be inferior to the male species.
Portfolio: Sold
You know you've made it when you get a parking space for your yatcht.

mukiha
#13 Posted : Wednesday, July 13, 2011 1:17:02 PM
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Joined: 6/27/2008
Posts: 4,114
Constitution of Kenya 2010, says:

Article 27
(6) To give full effect to the realisation of the rights guaranteed under this Article, the State shall take legislative and other measures, including
affirmative action programmes and policies designed to redress any disadvantage suffered by individuals or groups because of past
discrimination.
(7) Any measure taken under clause (6) shall adequately provide for any benefits to be on the basis of genuine need.
(8) In addition to the measures contemplated in clause (6), the State shall take legislative and other measures to implement the principle that not
more than two-thirds of the members of elective or appointive bodies shall be of the same gender.

Article 81. The electoral system shall comply with the following principles -
(a) freedom of citizens to exercise their political rights under Article 38;
(b) not more than two-thirds of the members of elective public bodies shall be of the same gender;

Article 97 (1) The National Assembly consists of —
(a) two hundred and ninety members, each elected by the registered voters of single member constituencies;
(b) forty-seven women, each elected by the registered voters of the counties, each county constituting a single member constituency;
(c) twelve members nominated by parliamentary political parties according to their proportion of members of the National Assembly in accordance with Article 90, to represent special interests including the youth, persons with disabilities and workers; and
(d) the Speaker, who is an ex officio member.

(2) Nothing in this Article shall be construed as excluding any person from contesting an election under clause (1) (a).
Nothing is real unless it can be named; nothing has value unless it can be sold; money is worthless unless you spend it.
mukiha
#14 Posted : Wednesday, July 13, 2011 1:25:13 PM
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Joined: 6/27/2008
Posts: 4,114
Impunity wrote:
Whay cant women just fight for the positions and win them?just like Madam Martha Karua....why do they need special arrangement?
I thought we are all equal...or less from now on I will take women to be inferior to the male species.


That discussion was exhausted BEFORE passing the constitution. It was concluded that women need affirmative action.

The question now is how to implement this following the constitution.
Nothing is real unless it can be named; nothing has value unless it can be sold; money is worthless unless you spend it.
mukiha
#15 Posted : Wednesday, July 13, 2011 1:26:58 PM
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Joined: 6/27/2008
Posts: 4,114
mukiha wrote:
Post deleted by author; reason = double posted by mistake


Nothing is real unless it can be named; nothing has value unless it can be sold; money is worthless unless you spend it.
Lolest!
#16 Posted : Wednesday, July 13, 2011 1:40:50 PM
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Joined: 3/18/2011
Posts: 12,069
Location: Kianjokoma
This katiba is like marriage, once you are in it you be ready for the good and the bad. No turning back. Truth be told, this is bad and it will easily end up in the supreme court. I can imagine at the next elections having my ballot paper filled with female names just because the lot fell on my constituency.
Laughing out loudly smile Applause d'oh! Sad Drool Liar Shame on you Pray
For Sport
#17 Posted : Wednesday, July 13, 2011 1:52:23 PM
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Joined: 12/23/2010
Posts: 1,229
Mukiha, you asked the relvant question: how to implement it. I’m sure we are going to experience some trial and error before we get it right.
In some electoral systems, the political parties give lists of their candidates. Voters then vote for the list (not the individual). Good thing about this is it forces voters to really scrutinize the issues / party’s agenda instead of personalizing the campaign process. Each party is then allocated seats proportional to the number of votes received (with an interesting variation of formulas to work this out). I think such a list would have already factored in the gender/minority reps for it to be acceptable.
However, there is no country that has devised the “perfect” system for ensuring that govt. is representative.
For Sport
#18 Posted : Wednesday, July 13, 2011 1:54:52 PM
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Joined: 12/23/2010
Posts: 1,229
Lolest! wrote:
This katiba is like marriage, once you are in it you be ready for the good and the bad. No turning back. Truth be told, this is bad and it will easily end up in the supreme court. I can imagine at the next elections having my ballot paper filled with female names just because the lot fell on my constituency.


You object to being associated with the female type? smile smile
How about a list with four or five sonko like characters?
masukuma
#19 Posted : Wednesday, July 13, 2011 2:01:57 PM
Rank: Elder


Joined: 10/4/2006
Posts: 13,821
Location: Nairobi
mutashangaa in this new constitution "MAN" is discriminated upon, when it comes to public services...
Quote:

All State organs and all public officers have the duty to
address the needs of vulnerable groups within society,
including women, older members of society, persons with
disabilities, children, youth, members of minority or
marginalised communities, and members of particular ethnic,
religious or cultural communities.
All Mushrooms are edible! Some Mushroom are only edible ONCE!
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