Court certifies as urgent the two thirds gender rule case

The High Court has certified as urgent the two thirds gender rule case and ordered the petitioners to serve the National Assembly Speaker and his Senate counterpart as well as the Attorney General and to appear in court on September 14 for an inter-party hearing.

High Court Judge, Joseph Onguto, also enjoined the Kenya National Human Rights Commission (KNHCR) in the case filed by the Centre for Rights Education and Awareness (CREAW) and Community Advocacy and Awareness Trust (CRAWN TRUST) seeking that the court directs Parliament and the Attorney General to take steps to ensure that the required legislation is enacted before the next General Election.

“The more than two-thirds gender rule principle in relation to membership of the National Assembly and the Senate has to be implemented before the next General Election,” stated the petitioners.

In the court documents filed Tuesday afternoon, the lobby groups argue that Parliament has no powers to make a further extension concerning the matter.

They argue that the extended constitutional deadline for the enactment of the legislation lapsed on the 27th of August this year.

They further claim that the failure by Parliament to enact the legislation contemplated under Articles 27 (6) and (80 and 81 (B) which amounts to the rights of women to equality and freedom from discrimination and a violation of the Constitution.

Through their lawyer, Dismus Wabola, the petitioners claim that following the failure of Parliament to enact a mechanism to implement the two-thirds gender principle, the country is facing the possibility of a constitutional crisis which will affect the outcome of the next General Election.