CIC: Case on gender rule premature

A case filed by a lobby group over the implementation of the two-thirds gender rule is premature, the Commission for the Implementation of the Constitution (CIC) has said.

The Charles Nyachae-led commission in its response to the case filed by Centre for Rights Education and Awareness (Creaw) argued that there is still time for the National Assembly to enact legislation for elective bodies to implement the rule.

Through lawyer Kethi Kilonzo, CIC asked the court to dismiss the arguments rendered by the group, saying there is still room for the bills in Parliament to be passed in time.

CIC said if Parliament fails to meet the August deadline then the court will be at liberty to handle any case before it.

Mr Nyachae said the Legislature has the powers to extend the implementation period for another year, meaning that the period would lapse on August 26, 2016.

"Pending before Parliament are two bills dealing with the two-thirds maximum gender representation in elective bodies. I verily believe to be true and correct, that it is premature for this honorable court to intervene in the manner suggested in this petition, or at all, whilst those bills are still pending," Nyachae said in an affidavit.

He told Justice Mumbi Ngugi that the powers to originate the two-thirds gender rule only rest with Parliament and not the Attorney General or CIC. He said the lobby group had not approached the august House to ensure the process is fast tracked.