Court throws out gov’t appeal on two thirds Gender rule
The Court of Appeal has dismissed the appeal filed by the government on two thirds Gender rule citing lack of merit.
In their ruling, the Judges judicial notice that none of those Constitutional amendment Bills have ever been debated or considered by the Parliament seriously.
The judges further noted that all the Bills have been lost following a lack of quorum in the National Assembly.
The appeal by government follows a ruling that Parliament had breached the Constitution by failing to pass the two thirds Gender rule principle by 2015 and even within the extended deadline of 2016.
The ruling by Justice John Mativo follows a successful petition by the Kenya National Commission on Human Rights (KNCHR).
According to the Independent Boundaries and Electoral Commission (IEBC), 1/3 of women on the party list should be nominated.
Previous parliaments, have never taken an affirmative action to ensure at least 117 women are in Parliament, the subject has always been politically obtuse and have been put under moratorium by sitting members.
Arguably, as much the constitution provides that ‘not more than two-thirds of the members of elective public bodies shall be of the same gender’ in Article 81(b).
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