Lobbies sue Speakers for failing to enact law on gender rule

Senate Speaker Ekwe Ethuro (left), flanked by the chairperson of the Commission on Administrative Justice, Dr Otiende Amollo, addresses journalists after launching several reports by the commission at its offices in Westlands, Nairobi, on July 13, 2016. Mr Ethuro and Mr Justin Muturi have been sued for failing to facilitate the implementation of the gender rule. PHOTO | EVANS HABIL | NATION MEDIA GROUP

What you need to know:

  • Through lawyer Dismas Wambola, they said the timeline for enactment of the legislation as interpreted by the Supreme Court lapsed on August 27.
  • Judge Ngugi had criticized the AG and CIC for not taking steps toward ensuring the execution of the legislation.

Two lobbies have sued the Speakers of both Houses of Parliament over failure to enact legislation on the two-thirds gender principle in elective and appointive bodies.

The Centre for Rights Education and Awareness (CREA) and Community Advocacy and Awareness Trust fault Parliament (Senate and National Assembly) for failing to enact the legislation within the set timeline.

Through lawyer Dismas Wambola, they said the timeline for enactment of the legislation as interpreted by the Supreme Court lapsed on August 27.

Even though the National Assembly extended that period by one year, the lobbies claim that Parliament no longer has powers to make a further extension, considering that it is less than a year to the next General Election.

“Women are among the most marginalised groups in Kenya who have not had equal protection and benefit of the law, they have suffered political exclusion and are denied right to participate effectively in the public affairs of this country,” Mr Wambola said.

This is not the first time CREA has gone to court over the issue.

A year ago, it sued the AG and Commission on the Implementation of the Constitution (CIC).

And in June 26, 2015, High Court judge Mumbi Ngugi allowed the National Assembly to extend the period for enacting the requisite legislation since the deadline was by then a mere less than 60 days away.

In her ruling, Lady Justice Ngugi ordered the AG and CIC to prepare relevant bill(s) for tabling before Parliament for purposes of implementation of the disputed not more than two thirds gender principle.

CREA had then argued that a Supreme Court Advisory on the matter had set the initial deadline but it moved to court to speed up the issue since little had been done yet the time limit was coming to an end.

Another year down the line, the two lobbies have joined forces to challenge the delay in enacting the dispute legislation.

Judge Ngugi had criticized the AG and CIC for not taking steps toward ensuring the execution of the legislation.