Parliament has been given 60 days to enact a law to implement the two-thirds gender rule or risk dissolution.
In a decision seen as a victory for women, constitutional court Justice John Mativo yesterday held that Parliament’s failure to enact laws to realise the implementation of the two-thirds gender rule has violated rights to equality and women’s freedom against discrimination.
According to Mativo’s order, if the 60 days lapse and no law is enacted, anyone can petition Chief Justice David Maraga to advise the President to dissolve Parliament.
If Parliament is dissolved, it will have a ripple effect on the date of the General Election.
Mativo’s decision arose out of a case filed by the Centre for Rights Education and Awareness, the Community Advocacy and Awareness Trust and the Kenya National Human Rights Commission
Many women reacted to the order by saying now is their time to run for office, after years of inequality.
NGO Community Advocacy and Awareness Trust executive director Daisy Amdany said she hopes leaders obey the court order.
“We are going to run with this judgment. I hope those leaders, especially the Head of State, who quote the rule of law, are listening because the courts are not going to entertain impunity anymore,” she said.
Lawyer Elisha Ongoya said the order is progressive and is a win for women. Mativo censured Parliament, saying it has failed in its obligations to pass laws to effect the two-thirds gender principle.
“Refusal to enact the required legislation amounts to denial of the fundamental rights guaranteed to citizens,” he said.
Mativo said the courts have a duty to interpret the Constitution, as well as the meaning of laws passed by Parliament.