Chief Justice David Maraga has asked President Uhuru Kenyatta to dissolve Parliament over its failure to enact legislation required to implement the two-thirds gender rule.
This is following six petitions filed by the Law Society of Kenya (LSK) , Margaret Toili, Fredrick Gichanga Mbugua’h, Stephen Owako, Johnn Wangai, Aoko Bernard and David Sudi.
The petitioners fault parliament over failure to pass the laws in accordance with Article 27(3) read together with Articles 81(b) and 100 of the 2010 Constitution despite four Court orders.
In a statement issued on Monday, the President of the Supreme Court of Kenya said Parliament should be held accountable for failing the Kenyan people.
“Your Excellency, the two-thirds gender rule is an acronym for the constitutional imperative which prohibits any form of discrimination in the appointive and elective positions in our country on the basis of one’s gender. It is grounded on the declaration in Article 27(3) of the Constitution that Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres, ” said Maraga.
“Let us endure pain if only to remind ourselves that, as a country, being a democracy that has chosen to be governed by the rule of law, we must say no to impunity and hold everyone accountable for their actions or omissions.
“Your Excellency, it is my constitutional duty to advise you, the President of the Republic of Kenya, which I hereby do, to dissolve Parliament in accordance with Article 261(7).”
In his statement, Maraga says that National Assembly Speaker Justin Muturi and his Senate counterpart Kenneth Lusaka argued that the six petitions were “incomplete”.
“The Speakers contend that the six petitions are incompetent and bad in law for the reason that no court order was ‘transmitted’ to either the CJ or to the Parliament as required by Article 261(6)(b) .”
The CJ further stated that Attorney General Paul Kihara Kariuki, who was also listed as a respondent in the petitions, did not file any responses.