Activist Okiya Omtatah has hit out at the Supreme Court deputy registrar after an application for the two thirds gender rule was declined.
Omtatah said will seek a review of the order on grounds that the DR has no capacity in law to make such judicial decisions.
“He is an administrator and not a judge of the Supreme Court, hence he must limit his work to administrative matters and leave judicial issues to the judges,” said Omtatah.
Deputy registrar Ole Keiuwa Daniel had said the application filed before the apex court is in conflict with the terms of the constitution, the Supreme Court of Kenya and its rules.
“In the circumstances, I decline to admit it under Rule 4A(1)(b) of the Supreme Court Ruled, 2012,” the order signed on November 27, last year reads.
This means that the case lodged before the Supreme Court over the two thirds gender rule might not be heard after all.
Two petitions were filed in court after Parliament failed to vote on the contentious gender Bill.
Omtata and Wycliffe Gisebe wanted the Supreme Court to vacate its early advisory rendered in 2012 that required the two Houses to put in place laws to ensure no gender had more than two-thirds in either house.
The two also wanted the Supreme Court to review its decision that had placed an obligation on Parliament to enact the two-thirds gender rule.