Claiming the space: The inclusion and participation of the youth in Kenya's 11th and 12th Parliaments

CHAPTER 5
CHAPTER 5: FINDINGS AND RECOMMENDATIONS
FINDINGS AND RECOMMENDATIONS
This chapter contains the findings of the study and recommendations addressed to the
various actors. It consolidates the feedback received from the interviews as well as the
This validation chapter contains meeting the with findings stakeholders.
of the study and recommendations addressed to the various actors. It
consolidates the feedback received from the interviews as well as the validation meeting with stakeholders.
a)
a)
On
On
the
the
nomination
nomination
of persons
of persons
to represent
to represent
the youth
the
in
youth
the National
in the
Assembly
National
and
Assembly
the Senate
and
the Senate
Issues/Findings
The legislated youth quota at Articles
98(1)(c) and 97(1)(c) is too low to
make a meaningful impact on youth
inclusion and representation
The absence of a definition for what
constitutes ‘special interests’ under
Art 97(1)(c) of the Constitution has
left the provision open to abuse by
political parties in nominating MPs
The lack of a legislated criteria for
nomination of youth MPs has left
political parties to formulate their
own rules. This has resulted to
nomination processes lacking
transparency and where the
nominated candidates are viewed as
undeserving of those positions
The Constitution does not clearly
stipulate that the person/s
Recommendations
KYPA/ CSOs – advocate for review of the
Constitution to set a minimum number of
youth MPs as a percentage of the total
membership of Parliament, as is the case
for women/gender and PWDs. 105
Political parties – apply internal rules to
promote the nomination of youth MPs,
particularly women, by alternating the
nomination list for women Senators 106
between a young woman and an older
woman; and the nomination list for the
National Assembly 107 between a man,
woman, and youth MP
Parliament – enact legislation giving effect
to Art 100 of the Constitution and
restricting nominations under Art 97(1)(c)
to the special interest groups under Art
100 108
Political parties – ensure transparency in
the nomination process for youth MPs,
including publicizing the criteria, call for
applications and the interview/selection
process 109
Political parties – encourage competition
to determine the best candidate and thus
improve on the quality of persons
nominated to Parliament
IEBC/Parliament – amend the Elections
Act and the Elections (Party Primaries and
105 The Inter-Parliamentary Union (IPU) recommends that Parliaments work towards achieving a
target of 15%, 35% and 45% respectively, for MPs aged under 30, 40 and 45 years, by the year 2035
105 The Inter-Parliamentary Union (IPU) recommends that Parliaments work towards achieving a target of 15%, 35% and 45%
106 Constitution of Kenya, Article 98(1)(b)
respectively, for MPs aged under 30, 40 and 45 years, by the year 2035
107
106 Constitution Ibid, Article of Kenya, 97(1)(c) Article 98(1)(b)
108
107 Ibid, Article 100 97(1)(c) defines marginalised groups to comprise ‘women, persons with disabilities, youth,
108 ethnic Article and 100 defines other marginalised minorities, groups and to comprise marginalised ‘women, persons communities’ with disabilities, and youth, requires ethnic Parliament and other minorities, to enact and
marginalised legislation communities’ to promote and the requires representation Parliament to enact of these legislation groups to promote in Parliament
the representation of these groups in Parliament
109 109 Among Among the the recommendations made in this made regard were in this that regard there should were be evidence that there of at should least three be years’ evidence prior engagement of at least in
advocacy three and years’ youth prior issues, engagement active participation in advocacy in the party and youth youth league issues, for a specified active period participation of time, and that in the youth party members youth
of league the respective for a party specified should have period a hand of time, in selecting and their that nominee. the youth members of the respective party should have
a hand in selecting their nominee.
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