Fresh push to dissolve Parliament over gender rule as taskforce report goes missing
Chief Justice Martha Koome in Eldoret, Uasin Gishu County, on November 12, 2023. Rights organisations have demanded that she give an advisory to the President to dissolve Parliament over its failure to enact a gender rule law.
What you need to know:
- Rights organisations have written to Chief Justice Martha Koome to give an advisory to the President to dissolve Parliament over its failure to enact a gender rule law.
- The petition is signed by Crawn Trust, Centre for Rights Education and Awareness (Creaw), Marilyn Kamuru from WeAre52pc, and lawyer Elizabeth Kabari.
A section of women rights organisations have revived a fresh bid to dissolve Parliament over non-implementation of the two-thirds gender rule.
The organisations have written to Chief Justice Martha Koome to give an advisory to President William Ruto to dissolve Parliament over its failure to enact a gender rule law.
The petition is signed by Crawn Trust, Centre for Rights Education and Awareness (Creaw), Marilyn Kamuru from WeAre52pc, and Elizabeth Kabari, an advocate of the High Court.
They argue that the Supreme Court, in the Advisory Opinions Applications 2 of 2012, determined that Parliament was duty-bound to pass the requisite legislation to implement the Constitution by August 2, 2015.
They note that following non-compliance by the 11th and 12th parliaments, the chief justice received at least six petitions involving Article 261(7) requesting him to advise the President to dissolve Parliament.
“We draw your attention to Article 2(4), which provides that “any act or omission in contravention of the Constitution is invalid.”
“Failure to issue an advisory to the President on the dissolution of Parliament pursuant to Article 261(7), which required the Chief Justice to advise the President to dissolve Parliament would constitute an omission in contravention of the Constitution,” the letter reads.
The rights organisations have also appealed to the Chief Justice to ignore the ongoing litigation in court in relation to the advisory rendered by retired Chief Justice David Maraga.
“The current litigation pending in both High Court and Court of Appeal in respect of the advisory rendered by Justice Maraga are not a bar in any way to your obligation to advise the President under Article 261 of the need to dissolve Parliament for its continued non-compliance and in this case specifically on the failure by the 13th parliament to enact legislation to implement the two-third gender rule,” the petition reads.
They have, however, questioned the appeal, saying the High Court would not even have the review jurisdiction on the issue, given that the decision being implemented flows directly from the decision of the Supreme Court in advisory opinion application 2 of 2012.
“An inquiry by the High Court or Court of Appeal into obligation imposed on Parliament by Article 261 and the advisory opinion of the Supreme Court in respect of the enactment of the two-thirds gender rule legislation registration effectively means an inversion of the Judiciary hierarchy and a violation of Article 163, which makes the decisions of the supreme court final,” they note.
Former Chief Justice David Maragaon September 21, 2020, advised then President Uhuru Kenyatta to dissolve the 12th parliament for failing to enact a law to implement the gender rule as required by the Constitution. However, despite the advisory, the former President failed to dissolve Parliament.
Speaking during a consultative meeting on two-thirds gender rule organised by Crawn Trust, the organisation’s executive director Daisy Amdany said they support calls to dissolve Parliament.
“We fully support calls for the dissolution of Parliament since justice delayed is justice denied. Parliament must do its job as required by the Constitution or go home. We have a legal basis to ask for its dissolution. We need women at the National Assembly as it is where laws are made,” Ms Amdany said.
She noted that women were full of hope that the gender rule implementation would be achieved after a multi-sectoral working group on the realisation of the gender principle, which she co-chaired, handed in its report to the government.
“We handed the taskforce report to former Public Service and Gender Cabinet Secretary Aisha Jumwa, who, in return, handed it over to the Speaker of the National Assembly. It was, thereafter, supposed to be tabled in the House, which never happened. When we try to find out about the progress, we are asked which report and later told that it is missing. This clearly shows that people are playing games on women,” she said.
Ms Amdany added that with women being over 50 per cent of Kenya’s population, there is an urgent need to ensure the national and county leadership mirrors the same.
The taskforce recommended a top-up formula in the National Assembly similar to the ones used by the county assemblies. It also proposed a fund for women candidates to be domiciled in the Office of the Registrar of Political Parties. The fund is meant to help women candidates fund their campaigns.
Abdul Agukoh, from Christian Aid Kenya, noted that there can never be true democracy without women’s voices on decision-making.
“Women must participate fully in governance and leadership. Tokenism advanced to women has to end, but instead have to empower them fully. Gender rule does not mean it is only about women, it can be about men in the future as the situation could change,” he said.
Mr Agukoh called on the church to support the implementation of the two-thirds gender rule, which he added will help address gender injustices being perpetuated on women.
Lucy Ojiambo, a gender expert, called on women not to lose focus and instead continue with the clamour for the implementation of the gender rule. “What we see as a mirage is much within our reach as the Constitution entrenches the gender rule,” she said.
Ms Ojiambo cautioned Kenyans to stop associating gender rule with women as it is also about men.
“In future, women could be more in Parliament and in leadership than men. We need to have faith-based advocacy for the gender rule. The church needs to play an integral role to help achieve the gender rule. Women should also cultivate sisterhood to help and support a sister who offers herself to run for leadership position.”
She added that the Speaker of the National Assembly should be held liable over failure by Parliament to pass the two-third gender rule. Ms Ojiambo further lamented that county governments were emulating the national government in not implementing the gender rule, adding many county executives and senior positions are dominated by men.
