Gender rule stalemate set for highest court
Attorney General Githu Muigai was directed to seek the advisory of the Supreme Court on the impasse over the two thirds gender rule. Photo/FILE
What you need to know:
- Attorney-General directed to seek advice before going to the election
The impasse over the two thirds gender rule may be headed to the Supreme Court, it has now emerged.
In a meeting of heads of constitutional commissions dubbed the Chairs Forum in Nairobi on Friday, Attorney General Githu Muigai was directed to seek the advisory of the Supreme Court on the issue.
According to chairman of the Commission on Administrative Justice Otiende Amollo, who chaired the meeting, the Supreme Court’s advisory would be used as a basis to go to the elections with as the government worked towards solving the crisis.
“Other concerned commissions will be enjoined in the petition as interested parties,” he said in Siaya County at the weekend.
Mr Amollo said they came to the resolution after considering the difficulties that had been faced in solving the crisis and the consequent withdrawal of the Amendment Bill, 2011.
The Bill was withdrawn from Parliament last week after MPs failed to pass it due to lack of quorum.
The Constitution requires that at least a third of the members of the National Assembly - 117 - members, be of one gender.
Planning assistant minister Peter Kenneth said there was need to define afresh how to achieve the gender rule since it was impractical to pass the Bill as it is and as per the Constitution.
Meanwhile, a lobby accused MPs of rejecting proposals to solve the gender crisis before the draft of the Amendment Bill 2011 was published.
Centre for Multi-party Democracy alleged that the delays by the lawmakers were tactics of ensuring that they retained their seats as males as well as gain other benefits from extending their stay in the House pretending to deliberate on the gender issue.
“MPs do not want this Bill. They know that a national crisis is looming and they are the only ones who can solve the problem but they do not want to,” said CMD facilitator Cyprian Nyamwamu during the gender debate workshop for journalists at a Mombasa hotel.
He added: “The problem is not the amendment of the Bill, the problem is that there is no political good will.”
Mr Nyamwamu said that CMD, which was in the taskforce seeking solutions to the crisis came up with some proposals: certain constituencies or the 80 new constituencies be left for women.
