, MOMBASA, Kenya, Mar 15 – The Speaker of the National Assembly Justin Muturi has rallied Members of Parliament to now push for implementation of Article 100 of the new Constitution of Kenya 2010.
According to Muturi, Article 100 supersedes the much hyped two-thirds Gender Bill, which seeks to amend the articles 97 and 98 of the Constitution, that talk about representation in Parliament.
Attempts to pass the two-thirds Gender Bill have flopped twice at the Floor of the House.
On Friday, Muturi told the Kenya Disability Parliamentary Association (KEDIPA), that they should now push for implementation of Article 100 of the Constitution.
Article 100, which talks about promotion of representation of marginalised groups, should have been implemented within five years after promulgation of the Constitution in 2010, said Muturi.
It says Parliament shall enact legislation to promote the representation in Parliament of women; persons with disabilities; youth; ethnic and other minorities; and marginalised communities.
“This Article supersedes the noise we were hearing about the two thirds Gender Bill. We are seeing people running around to say we should amend the Constitution and if we fail to do so that Parliament will be dissolved,” said Muturi.
He added, “Where is that part of the Constitution that says if Parliament does not amend the constitution, parliament will be dissolved?”
He said the new Constitution says if Parliament does not enact laws, which are supposed to be enacted as per the 2010 Constitution, then someone can move to Supreme Court to ask the Chief Justice to compel Parliament to enact that law.
“If Parliament fails to heed to the Chief Justice directive, then it can be dissolved.”
Muturi said therefore the only part of the 2010 Constitution, which has not been implemented, is Article 100, which is all about promotion of representation of the marginalized group.
He added that Article 100 if implemented will address all the challenges of gender representation.
“This Association should now push for enactment of the law of representation as per Article 100, if that fails, then one can move to court to compel parliament to pass the law or be dissolved,” he said.