AG has 40 days to draft gender Bills

The Attorney-General and the Commission for Implementation of the Constitution have 40 days to prepare Bills to ensure men and women are fully represented in elective and public appointments, a judge has ruled.

Failure to comply contravenes an advisory issued by the Supreme Court three years ago, Judge Mumbi Ngugi of the Constitutional and Human Rights Division ruled on Friday.

This follows an application by lobby group Centre for Rights of Education and Awareness, which had sought a declaration that AG Githu Muigai and the commission have failed to ensure compliance with the law.

Non-governmental organisations and women politicians have been campaigning for the implementation of the two-thirds gender principle as stipulated in the Constitution.

The suit follows the Justice and Legal Affairs Committee Chairman Samuel Chepkonga’s proposal that would delay implementation.

He wants it done beyond the August 27 date set by the Supreme Court. If this deadline is not met, the National Assembly risks dissolution for being unconstitutional.

FAILED TO FULFIL

Justice Ngugi ruled that the AG and the commission have failed to fulfil their responsibility in line with the top court’s directive on December 11, 2012.

“I am satisfied that the commission and the AG have failed to act as required by the Supreme Court ruling and have violated the Constitution for failing to be practicable. This is a threat to the directive issued,” said Justice Ngugi.

The judge said there had been no sufficient explanation to demonstrate they were implementing the gender rule. “I am conscious of the various processes involved and the deadline date is 60 days away, legislation should be in place by that time.

“The arguments are unsustainable and the AG dropped the ball on the gender issue, it is my finding that there is a threat of violation in enacting the gender rule,” she ruled.

She termed as unreasonable the commission’s and Mr Muigai’s claims that the legislation requires a process of time, development projects as well as public participation.

“It is not the court’s mandate to enquire about implementation but it can state that there is apparent failure to enact the gender rule, they must play their roles first before passing the blame to others,” said the judge.