APRM • SECOND COUNTRY REVIEW REPORT OF THE REPUBLIC OF KENYA Table 2: Women representation in the National Assembly Position Members of Assembly Category Women Men Total % Female Elected Members of Parliament 16 274 290 5.5 Nominated Members of Parliament 6 6 12 50.0 Women Representatives 47 0 47 100.0 Ex officio (speaker) 0 1 1 0.0 69 281 350 19.7 Elected 0 47 47 0.0 Nominated 18 2 20 90.0 0 1 1 0.0 18 50 68 26.5 Total Senate Ex officio (speaker) Total Source: Kenya Women Parliamentary Association (KEWOPA) 2013 181. As at 2013 only 2 out of 10 (20%) top positions in parliament were filled by women (Deputy Speaker and Deputy Majority Leader) and 7 out of 27 (25%) committees were chaired by women. 182. The CSAR touches on the Constitutional conundrum posed by the failure of the legislature to be constituted around the two-thirds gender principle. Analyses reveal that this problem flows from: (i) Failure of government to put in place laws to actualise the two thirds gender rule and of government institutions (ii) political parties to nominate women in significant numbers to vie for elections on party platforms and of the relevant government institutions to ensure compliance with the two third rule (ii) lower figures of women vying for elective office in comparison to men and (iii) failure of the public to vote women in adequate numbers. 183. In December 2012 the Attorney General sought an advisory opinion on the implementation of the two-thirds gender principle in parliament ahead of the 2013 elections. The Supreme Court held that since there were no measures in place to implement the two-thirds gender principle in Parliament before the 2013 elections, the principle would have to be realised progressively but in any event not later than 27 August 2015. On 26 June 2015 Constitutional petition 182 of 2015 was filed contending that within a short time to 27th of August 2015, no legislative measures had been undertaken by the executive and legislature to have an effect on the two thirds gender representation rule in the National Assembly and Senate. The High Court determined that there was a threatened violation of the Constitution if the parliamentary gender deficit remained unresolved and directed for a bill on the same to be published within 40 days of the ruling. In April and May 2016 there were unsuccessful attempts to pass Constitutional Amendment bill No 4 regarding the two-thirds principle and | 108 |