The role of County Women Representatives in Kenya is legislation, representation and oversight of the government.
Article 97 of the Kenyan Constitution creates the position of County Women Representatives. It states in section (1) (b) that the membership of the National Assembly consists of–
Forty-seven women, each elected by the registered voters of the counties, each county constituting a single member constituency.
County Women Representatives are the outcome of the two-thirds gender law that aims at increasing the representation of women in parliament. The Constitution refers to this law several times.
The Constitution under article 100 classifies women as a special interest group. Article 27 (3) guarantees them equal treatment, including the right to equal opportunity, in the political sphere. Article 27 (6) states that–
To give full effect to the realization 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.
Article 27 (7) says any measure taken under clause (6) shall adequately provide for any benefits to be based on genuine need.
Article 27 (8) also states the following–
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 on the general principles of the electoral system says in section (b) that,
Not more than two-thirds of the members of elective public bodies shall be of the same gender.
Therefore, County Women Representatives are a product of affirmative action in political representation.
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Role of County Women Representatives in Kenya
Each of the 47 counties has an elected County Women Representative at the National Assembly. The role of County Women Representatives in Kenya is similar to that of the Members of the National Assembly representing the Constituencies.
Read more on the role of Members of the National Assembly.
What County Women Representatives shouldn’t do
County Women Representatives should not perform certain functions, such as–
- Providing or donating sanitary towels;
- Drilling boreholes;
- Managing public funds– like the the Affirmative Action Social Development Fund.
The Kenyan Constitution emphasises the doctrine of separation of powers between the arms of the national government. Therefore, lawmakers shall not perform any executive functions such as management and implementation of funds.
Legislators performing executive functions amounts to conflict of interest, e.g allocating funds and overseeing their use.
How to Measure the Performance of County Women Representatives
First, look at their contributions during plenary sessions (through the Hansard) in Parliament and also their contributions to parliamentary committee meetings. The Hansard Recordings are easier to get (from mzalendo.com) but the committee reports are difficult to obtain because Kenya’s committees are very opaque.
The contributions can be in terms of how many times they have spoken before the house (and the important points they have raised) the bills and motions they have sponsored, et cetera.
Mzalendo’s website (at info.mzalendo.com) contains more information about the County Women Representatives (and other MPs), including their profiles.
Can a man contest for the position of County Women Representative in Kenya?
The answer is NO. A man cannot contest for the position of County Women Representative. It is a position meant exclusively for women.
