Proposed amendments to draft law a setback for women’s rights

“The PSC did the unthinkable and recommended the deletion of the state’s obligation to domesticate international human rights instruments. They also deleted the provision on social and economic rights and relegated to parliament the sole power to decide through legislation when and how the rights and standards can be applicable in national context,” Kimani explained.

Pricilla Nyokabi, executive director of women’s rights group Kituo cha Sheria, agreed that parliament should be left no option but to reinstate the rights in the draft.

PSC chairperson Mohammed Abdikadir, however, says constitutions should be lean documents that cover the broad principles and values that guide a state.

Additional details should be formulated as statutes.

Human rights activists remain skeptical. “Can we really leave (our human rights) to members of parliament who are always bickering? No, we cannot trust them with such fundamental rights,” stated women’s rights activist Miriam Wanjiku.

Two-thirds majority

Currently, the latest draft of the Constitution is reviewed parliament, which has 30 days to debate the document and decide if it will be passed.

Parliamentarians need a two thirds majority to alter the wording of the draft.

To prevent the document from being passed as is, a grouping of women’s rights organisations, including FIDA Kenya, Urgent Action Fund, Centre for Rights Education and Awareness, Africa Woman and Child Feature Services, have handed a memorandum to parliament, demanding that the initial document drafted by the COE be retained.

“The women of Kenya demand explicit recognition of their rights in the regional and international human rights instruments that Kenya has ratified,” the memorandum states.