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Post Reply: High Court Forwards Petition to Dissolve Kenyan Parliament Over Gender Rule to Chief Justice Koome

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on July 18, 2025, 12:21 pm</div><div id="pl-7048"  class="panel-layout" ><div id="pg-7048-0"  class="panel-grid panel-no-style" ><div id="pgc-7048-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-7048-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p dir="ltr" data-pm-slice="1 1 []">The High Court has escalated a significant constitutional challenge by forwarding a petition to Chief Justice Martha Koome, urging the dissolution of Kenya’s Parliament and Senate for failing to implement the two-thirds gender rule. This rule, enshrined in the Kenyan Constitution, mandates that no more than two-thirds of any elective or appointive public body should be of the same gender, aiming to ensure gender parity in representation. The petition, filed by activists Margaret Toili, Eddah Marete, and Agnes Ndonji, targets the current 13th Parliament, arguing that its composition violates this constitutional requirement following the August 2022 general elections.</p>
<p dir="ltr">The petition, heard by High Court Judge Lawrence Mugambi, seeks to compel President William Ruto to dissolve the bicameral legislature, echoing a 2020 advisory by retired Chief Justice David Maraga to former President Uhuru Kenyatta. Maraga’s advisory, which was never acted upon, cited Parliament’s failure to enact legislation to enforce the gender rule as required by Articles 27(3), 81(b), and 100 of the Constitution. These articles collectively demand equal treatment of genders, fair representation in elective bodies, and the promotion of marginalized groups, including women. The petitioners argue that the advisory’s relevance extends beyond the 12th Parliament, applying to the current legislature, which they claim continues to defy court orders and constitutional mandates.</p>
<p dir="ltr">Justice Mugambi, in his ruling, emphasized the gravity of the constitutional issues raised, noting that they warrant a broader judicial review beyond a single judge’s purview. He recommended that Chief Justice Koome assign the case to a multi-judge bench, preferably the same one handling nine similar petitions filed in 2020, to ensure a cohesive and authoritative resolution. These earlier petitions also challenged Parliament’s non-compliance with the gender rule, highlighting a recurring legal issue that Mugambi described as an “enduring legal question” likely to persist with every new Parliament unless addressed definitively.</p>
<p dir="ltr">The petitioners have named the Speaker of the National Assembly, the Speaker of the Senate, and the Attorney General as respondents, accusing them of failing to uphold the constitutional gender requirement. They assert that the current Parliament, with only 23% of its seats held by women (28 out of 290 elected MPs), falls significantly short of the mandated threshold. This underrepresentation, they argue, undermines the Constitution’s commitment to gender equality and betrays public trust by stalling inclusive legislation.</p>
<p dir="ltr">The Community Advocacy and Awareness Trust (Crawn Trust), a key supporter of the petition, has labeled Parliament as the “weakest link” in achieving gender equality. The organization’s executive director, Daisy Amdany, stated that the legislature’s consistent exclusion of women from leadership roles violates multiple court rulings, including a 2017 judgment by Justice John Mativo and a 2012 Supreme Court advisory. Social media campaigns, using hashtags like #ParliamentTheWeakestLink and #DissolveParliament, have amplified these sentiments, reflecting public frustration with the ongoing delay in implementing the gender rule.</p>
<p dir="ltr">Opposition to the petition came from the Speakers of the National Assembly and Senate, who sought to consolidate it with the earlier cases to streamline judicial proceedings. However, the petitioners resisted consolidation, arguing that it could delay resolution and further postpone the enforcement of the gender rule. Despite their objections, Justice Mugambi approved the consolidation, citing the shared legal context and the need for a unified judicial approach to prevent repetitive litigation.</p>
<p dir="ltr">The referral to Chief Justice Koome marks a critical juncture in Kenya’s pursuit of gender parity in governance. Koome, as the head of the Judiciary, is tasked with empaneling a bench to address the petition’s weighty constitutional questions. The outcome could set a precedent for future Parliaments, potentially compelling legislative action to align with the gender rule or face dissolution. This development underscores the Judiciary’s role in upholding constitutional principles amid ongoing tensions with the Executive and Legislature.</p>
<p dir="ltr">As the case awaits Koome’s assignment of a bench, public discourse continues to intensify. The petition not only challenges the legitimacy of the current Parliament but also highlights broader systemic issues, including allegations of mismanagement and resistance to inclusive policies. For many Kenyans, particularly women and marginalized groups, the case represents a pivotal opportunity to enforce constitutional promises of equality and representation.</p>
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