Muturi, Lusaka given 7 days to respond to gender rule case

The High Court on May 8, 2018 gave the National Assembly Speaker Justin Muturi (left) and his Senate counterpart Ken Lusaka (right) seven days to file additional affidavits in case challenging gender composition of the two Houses. FILE PHOTOS | NATION MEDIA GROUP

What you need to know:

  • CREAW and Fida are challenging the gender composition of the National Assembly and Senate.
  • The lobbies said if MPs fail to pass the bill, the case will proceed to full hearing and determination.

House Speakers have seven days to submit additional affidavits in a case filed by women rights organisations over implementation of the two-thirds gender rule.

Centre for Rights Education Awareness (CREAW) and the Federation of Women Lawyers (Fida) are challenging the gender composition of the National Assembly and Senate.

Justice Chacha Mwita directed National Assembly Speaker Justin Muturi and his Senate counterpart Ken Lusaka to file their additional affidavits alongside a draft bill that seeks to address the two-thirds gender principle in both Houses.

Lawyers representing Mr Muturi and Mr Lusaka asked the court for more time, saying that the bill has already passed through the first reading in the National Assembly.

However, Fida and CREAW lawyers opposed the call to delay hearing and make a determination, saying the bill in Parliament does not provide an immediate solution to the two-thirds gender issue.

BILL

But the parties later agreed to defer the hearing of the matter until July 30 when Parliament is expected to debate and approve the Constitution of Kenya (Amendment) Bill 2018 seeking to address the two-thirds gender rule in Parliament.

They said if MPs fail to pass the bill, the case will proceed to full hearing and determination.

The bill seeks to amend Articles 97 and 98 on the membership of the National Assembly and Senate to ensure the number of special seats to ensure for implementation of the two-thirds gender quota are determined after declaration of the general election results.

The lobbies filed the case seeking orders to compel the 12th Parliament to enact legislation to comply with the rule that seeks to limit posts occupied by one gender in any given public office to ‘not more than two thirds.’

The two groups want the court to dissolve the Senate and National Assembly for failure to implement the two-thirds gender rule.