Omatata wants Supreme Court to shelve ruling on gender rule
Certificate of urgencyUnder a certificate of urgency, Mr Omtatah and Mr Nyakina have filed a notice of Motion application seeking to have the Supreme Court depart from its finding and holding in its Advisory Opinion No 2 of 2012 on gender rule. Omtatah, who filed the application on Tuesday, says the Supreme Court had no capacity in law to reintroduce into the Constitution an issue the drafters of the document had deliberately dropped. The court will, on Tuesday, give directions on the matter, as to whether it will grant him an audience and set a date for hearing of the matter.
SEE ALSO :Bill through as MPs seek increased payIn the impugned advisory opinion, via the majority opinion, the Supreme Court determined that the implementation of the two-thirds gender rule was progressive. However, the court set the August 27, 2015 deadline for the Attorney General and the (now defunct) Commission for the Implementation of the Constitution to enact required legislation to implement the one-third-to-two-thirds gender principle. Omtatah says the advisory opinion has since been reinforced by two High Court decisions based on advisory threatening to disband Parliament if the so-called gender rule is not implemented.