A gender task force has formally written to Chief Justice Martha Koome, urging her to advise President William Ruto to dissolve the 13th Parliament due to its failure to implement the two-thirds gender rule.
The Multi-Sectoral Working Group On The Realisation of The Two-thirds Gender Principle sent a letter to Koome, requesting her to exercise her constitutional powers, as her predecessor David Maraga did.
“In September 2020, Chief Justice Maraga issued an advisory to the President, recommending the dissolution of Parliament for its failure to pass legislation mandated by the constitution. Despite this advisory, Parliament remains intact,” the letter states.
“Since September 2020, Parliament has not made progress in enacting the necessary legislation. We therefore urge you, as Chief Justice, to uphold your responsibilities under Article 262(7), Article 259(1) (a) (b) and (d), Article 259 (3) (a) and (8), and Article 1, 2, 3.”
The task force, initiated by former Gender CS Aisha Jumwa, was tasked with developing a framework for implementing the two-thirds gender principle.
On February 27 of this year, the group presented a report to National Assembly Speaker Moses Wetang’ula, proposing constitutional amendments to introduce 55 special seats and amendments to the Elections Act 2011 to mandate submission of party lists.
“The report by the Multi-Sectoral Working Group arrives at a critical juncture. Last week, the House adopted the Nadco report,” Wetang’ula remarked.
“The committee recommended that the task force finalize its recommendations for implementing the Two-Thirds Gender Principle and submit the report to Parliament for consideration.”
Co-chairperson Daisy Amdany expressed disappointment that five months later, no action has been taken.
Speaking at an editors’ meeting hosted by African Woman and Child Feature Service, she lamented the neglect of the report in Parliament.
“The Nadco report influenced the formulation of nine bills, but unfortunately, the two-thirds gender principle was overlooked,” she remarked.
Amdany drew parallels to the circumstances that led Maraga to advise the dissolution of Parliament.
“We draw your attention to Article 2(4), which declares any act or omission contrary to the constitution invalid. Failure to advise the President on Parliament’s dissolution under Article 261(1) would constitute a constitutional breach,” the letter signed by Amdany, Marylin Kamuru, and Elizabeth Kabari asserts.
The task force argues that ongoing litigation should not prevent the Chief Justice from advising the President on Parliament’s dissolution.
According to Article 261(7), the dissolution of Parliament is a two-part process initiated by the Chief Justice.
“The only scenario where the Chief Justice should not advise the President to dissolve Parliament under Article 262(7) is if Parliament has enacted the necessary legislation,” the letter specifies.
The task force’s report recommended the addition of 55 seats in Parliament.
The additional seats in the National Assembly (53) would cost Sh2 billion annually, while the two Senate seats would cost Sh115 million per year.
“The government’s daily revenue collection is Sh5.19 billion, making the annual cost of adding 55 members to Parliament a fraction of daily revenue,” the report notes.
Amdany emphasized that political parties play a crucial role in achieving the two-thirds gender rule.
