What next for Parliament as gender rule timeline lapses?
Parliament faces imminent dissolution for failing to enact the two-thirds gender rule as directed by the Supreme Court, after the 60 days given by the apex court lapsed.
Ruling on a petition by former Marakwet West MP David Sudi, the Supreme Court ordered that if lawmakers fail to enact the legislation within 60 days from the date of the directive, the petitioner or any other person could petition the Chief Justice to advise the President to dissolve Parliament.
Sudi’s is the second petition on the matter after a similar one was filed by Stephen Owoko and John Wangai.
In a letter to Chief Justice David Maraga, the former MP says no step has been taken despite the orders to Parliament and the Attorney General that they take initiative towards ensuring the required legislation is enacted within the stipulated timeline and to report progress to the CJ.
Pass law
“In this regard, Parliament failed to enact the legislation within the specified time and, therefore, were and are in violation of the court order and on such grounds should be dissolved for dereliction of duty and disobedience of the court order,” he says.
National Assembly Clerk Michael Sialai acknowledged that the Judiciary had months ago written to the two Parliament Speakers on the progress of the matter.
“The Speakers duly responded to the matters addressed by the CJ under the relevant provisions of the Constitution and which we believe satisfactorily answered the issues canvassed therein.
The Speakers will respond as appropriate if the Chief Justice would require further clarification,” he said.
The road to legislating the two-thirds gender bill has been rough and boisterous, with Parliament failing to enact it in four occasions— three attempts by the National Assembly and one by Senate.
Makueni MP Dan Maanzo responding to the petitioner’s threat said Parliament will respond accordingly to the petition.
“As Parliament, there have been consisted efforts to pass the law but since we have failed we can best do it in the referendum, which stands as the only option available,’’ he said.
“The CJ will find that we have good reasons; you can try but you cannot pass an impossible law. It is not practically possible to pass this one,’’ he added.
The last attempt to achieve the gender rule was a bill moved by National Assembly Leader of Majority Adan Duale, which sought to amend the Constitution to provide for special nomination seats for women to bridge the gender gap in Parliament. It flopped for the fourth time, with only 174 members present.
At least 233 of the 349 members represent the mandatory two thirds.
Male MPs have flatly opposed the bill, accusing their female counterparts of trying to intimidate them into supporting it.
In March last year, High Court Judge John Mativo ruled that any Kenyan could petition the CJ to dissolve Parliament for failure to pass the gender bill.
Parliament faces imminent dissolution for failing to enact the two-thirds gender rule as directed by the Supreme Court after the 60 days given by the apex court lapsed.
The road to legislating the two-thirds gender bill has been rough and boisterous, with Parliament failing to enact it in four occasions— three attempts by the National Assembly and one by Senate.
In March last year, High Court Judge John Mativo ruled that any Kenyan could petition the Chief Justice to dissolve Parliament for failure to pass the gender bill.
