The High Court has given the Attorney General and the Commission for the Implementation of the Constitution (CIC) 40 days to prepare and table the two-third gender rule bill before Parliament.
Justice Mumbi Ngugi in her ruling yesterday said the two institutions had put brakes on the directive issued by the Supreme Court in 2012, that the bill be tabled within five years after promulgation of the Constitution.
Lady Justice Ngugi said Attorney General Githu Muigai and the Charles Nyachae-led CIC must ensure the Supreme Court directive is followed.
"It is difficult to understand the laxity posed by the parties," she said.
The judge noted that there was a shift of blame, with CIC arguing that it would not have acted unless the process was initiated by Prof Githu.
She also pointed out that the lull on the AG's side was pegged on hopes that the august House would extend the time for implementation of the rule.
CIC 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 bill 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 powers to extend the implementation period for another year, meaning 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 Ngugi that the powers to originate the two-third gender rule only rest with Parliament and not the Attorney General or CIC. He said the lobby had not approached the august House to ensure the process is fast tracked.
However, the judge ruled that the National Assembly would not be moved to take any action unless the bill was tabled.
She blamed the delay on lack of inaction by the National Assembly Committee on Implementation of the Constitution (CIOC) and the AG and CIC.
The Standard Group Plc is a
multi-media organization with investments in media platforms spanning newspaper
print operations, television, radio broadcasting, digital and online services. The
Standard Group is recognized as a leading multi-media house in Kenya with a key
influence in matters of national and international interest.
join