The Nairobi High Court has sent to the Chief Justice a petition calling for President William Ruto to dissolve Parliament for its inability to enact the two-thirds gender rule.
Justice Lawrence Mugambi, who made the ruling, referred the case brought by Margaret Toili, Eddah Marete, and Agnes Ndonji to the Chief Justice for the formation of a multi-judge bench. He said the petition is raising serious constitutional issues that require wider judicial interpretation beyond the compass of one judge.
“Nothing prevents this Court from forwarding this matter to the Honourable the Chief Justice for empanelment of a Bench to hear and determine it pursuant to Article 165 (4) but with a very humble recommendation to the Honourable the Chief Justice to consider placing the instant petition before the same bench that is handling the other related consolidated petitions to consider this matter as well,” Mugambi ruled.
Justice Mugambi stated that the argument for or against the two-thirds gender rule is sure to surface with every new Parliament and thus it becomes critical to address the issue once and for all.
He stated that all such petitions have a common recurring legal challenge that is Parliament’s consistent failure to meet the constitutional provision on representation of genders.
“This question, unless resolved, will keep on recurring with every Parliament that comes up after every general election; hence, it cannot plausibly be argued that it is a matter limited to the present Parliament,” he ruled.
Justice Mugambi Pushes For Final Resolution On Gender Rule
Justice Mugambi emphasized that resolving the issue is not only timely but necessary to prevent future legal challenges tied to gender representation in the legislature.
The Judge stressed the need for a clear judicial interpretation to guide the country going forward. He dismissed the notion that the matter became irrelevant once the previous Parliament completed its term, insisting it remains a live issue that cuts across all future legislative cycles.
“It is an undeniable constitutional issue that not only needs to be resolved in relation to the present Parliament but every other Parliament to guide the nation and forestall all repeated litigation on the same constitutional question,” he ruled.
Justice Mugambi reiterated that failure to address the gender disparity in parliamentary representation is continually violating Article 81(b) of the Constitution.
The petitioners filed the suit against the Speaker of the National Assembly, the Senate, and the Attorney General. They argue that, based on Parliament’s gender composition following the August 2022 general election, the state failed to meet the constitutional representation requirement.
The petition further makes reference to the advisory opinion of the Supreme Court which had previously directed Parliament to implement the two-thirds gender rule, a directive that the petitioners claimed has been openly defied.
