Parliament staring at possible dissolution over two-thirds gender rule

Parliament and the Attorney General have 60 days to enact the two-thirds gender rule, failure to which any person can file a petition before the Chief Justice to have Parliament dissolved.

High Court Judge, John Mativo, issued the directions after he ruled that the National Assembly contravened the constitution by failing to pass the two-thirds gender rule.

The court further ruled that failure by Parliament not to enact the said legislation amounts to a violation of the rights of women to equality and freedom from discrimination and a violation of the constitution.

“Parliament failure to enact the required legislation amounts to recognize the important task conferred on the legislature by the constitution to respect, protect , promote and fulfill the rights in the Bill of Rights,” ruled Justice Mativo.

The court blamed the National Assembly for not exercising its mandate as required by the constitution.

The ruling is as a result of a petition that was filed last year by the Centre for Rights Education and Awareness (CREAW) and Community Advocacy and Awareness Trust (CRAWN TRUST) against  the National Assembly Speaker and his Senate counterpart as well as the Attorney General.

They wanted the respondents to take steps to ensure that the required legislation is enacted before the next General Election.

“The more than two-thirds gender rule principle in relation to membership of the National Assembly and the Senate has to be implemented before the next General Election,” stated the petitioners.

The lobby groups argued that Parliament has no powers to make a further extension concerning the matter.

They argue that the extended constitutional deadline for the enactment of the legislation lapsed on the 27th of August last year.

They further claim that the failure by Parliament to enact the legislation contemplated under Articles 27 (6) and (80 and 81 (B) which amounts to the rights of women to equality and freedom from discrimination and a violation of the Constitution.

The petitioners claimed that following the failure of Parliament to enact a mechanism to implement the two-thirds gender principle, the country is facing the possibility of a constitutional crisis which will affect the outcome of the next General Election.