Gender Rule: High Court bench reconstituted to hear petitions to dissolve Parliament
Parliament buildings. File photo
Nairobi, Kenya
The High Court has reconstituted a 5-judge bench to prioritise the hearing of consolidated petitions challenging the 2020 Advisory Opinion by the then Chief Justice (Emeritus) David Maraga, which advised the President to dissolve Parliament.
The recommendation was made due to Parliament's failure to enact legislation giving effect to the two-thirds gender rule as stipulated in the Constitution.
In 2019 and 2020, the Chief Justice (Emeritus) received six petitions urging action pursuant to Article 261(7), read together with Articles 27(3) & (8), 81(b), and 100 of the Constitution.
These petitions called for the dissolution of Parliament for its failure to enact legislation implementing the principle in Article 81(b), commonly known as the two-thirds gender rule.
On September 21, 2020, the Chief Justice (Emeritus) advised His Excellency the President to dissolve Parliament for non-compliance.
This Advisory Opinion led to the filing of multiple legal challenges at the High Court under Petitions No. E291 of 2020, consolidated with several others.
To expedite the resolution of these long-standing matters, a new bench was reconstituted on July 31, 2024, comprising Justices Jairus Ngaah (Presiding), Lawrence Mugambi, Patricia Nyaundi, Moses Otieno, and Tabitha Ouya Wanyama.
The reconstituted bench will determine the consolidated petitions on a priority basis.
The case is scheduled for mention before the full bench on September 24, 2024, marking a critical moment in the ongoing legal battle over the enforcement of the two-thirds gender rule in Kenya’s Parliament.
The outcome of these proceedings could have significant implications for the legislative process and gender representation in Kenya, as the court deliberates on the validity of the Chief Justice's 2020 Advisory Opinion.
