Court directs Parliament to enact gender rule or face dissolution

The High Court has ordered Parliament and the Attorney-General to ensure legislation of the two-thirds gender rule within 60 days.

In his ruling, Justice John Mativo said the National Assembly and the Senate failed in their obligation to implement the legislation, which gives effect to the principle that not more than two-thirds of all appointed and elected positions should be held by gender.

He said the failure has resulted in the violation of women's rights to equality and discrimination.

Three lobbies — Centre for Rights Education & Awareness, Community Advocacy & Awareness Trust and the Kenya National Human Rights Commission — sued speakers of both Houses and the Attorney-General in September last year.

They sued to protest against the failure to enact the disputed legislation necessary for the implementation of the gender rule even after the deadline elapsed on August 27, 2016.

They argued that there would be unfair representation in both Houses soon after the August 8 elections

In 2015, High Court Judge Mumbi Ngugi ordered the Attorney-General and the Commission for the Implementation of the Constitution to prepare and table the law for legislation.

However, when the National Assembly failed to implement the law, even after a one-year extension, the lobbies faulted that reluctance.

In the verdict issued Wednesday, Justice Mativo told the lobbies, or any other person, to write to the Chief Justice to advise the President to dissolve Parliament if the law is not implemented in two months.

The Kenya Human Rights Commission and the Federation of Women Lawyers were listed as interested parties in the case while the National Gender and Equality Commission and the Law Society of Kenya joined the case as friends of the court.