Kenyan NGO sues AG, CIC over gender rule

NAIROBI: A non-governmental oirganisation has accused Attorney General Githu Muigai of failing to prepare relevant bills that will facilitate the implementation of the gender rule.

The Centre for Rights Education and Awareness (Creaw) has gone to court seeking orders directing the AG and the Commission for the Implementation of the Constitution (CIC) to prepare the relevant bill for tabling in Parliament as provided for in articles 27(8) and 81(8) of the Constitution.

"The Constitution requires that as a precursor to Parliament discharging the obligation, the first (AG) and the second (CIC) respondents ought to prepare the relevant bills for tabling before Parliament as soon as reasonably practicable to enable Parliament to enact the legislation within the period specified," the NGO stated through its lawyer Judy Thongori.

Matter Urgent

High Court Judge Mumbi Ngugi certified the matter as urgent and directed the organisation to file and serve the parties before the hearing of the petition on May 8.

Creaw, through its Executive Director Ann Njogu, further wants the court to declare that the AG and CIC have failed to prepare the bills and a further declaration that their actions are a violation of the Constitution.

"Article 27(8) of the Constitution demands that the State takes legislative and other measures to implement the principle that not more than two-thirds of the members of elective or appointed bodies shall be of the same gender," she pointed out.

Njogu stated that the Supreme Court further gave an advisory opinion on gender representation in the Senate and the National Assembly on December 11, 2012.

The organisation is aggrieved that since the promulgation of the Constitution, CIC and AG have not prepared or tabled any bill in Parliament for the implementation of the articles providing for the two-third gender rule. Njogu says that even after issuing a demand letter and a notice on the intention to sue, no action was taken by the AG or CIC.