The two-thirds gender rule and bills to implement it have failed four times and according to the court, the parliament should be dissolve for violating the rule of law.
However, National Assembly Majority leader Aden Duale said the ‘august’ House will never be dissolved for failing to meet the two-thirds gender rule.
Parliament is mandated to pass legislation to implement the Constitution’s two-thirds rule. It means that no more than two-thirds of either gender should constitute a public body.
Duale was reacting yesterday to Court of Appeal decision on Friday against the govrnment’s appeal against the requirement that it implement the rule.
A petition was filed before the Chief Justice last year but the implementation was put on hold after Speakers of Parliament and the Attorney General moved to the Court of Appeal to halt the process.
Appeal Court judges Phillip Waki, Gatembu Kairu and Kathurima M’inoti however revived the bid to kick out MPs for having an almost all-male House.
But speaking at Garissa High School yesterday during a prize-giving day, Duale said that it was impossible to dissolve Parliament since it was elected by the people of Kenya.
Duale took a swipe at those advancing the two-thirds agenda, saying that they were engaging in an ‘exercise in futility which will fail flat on their faces’.
“As the leader of a majority in the house, I want to categorically tell you from Garissa that dissolving Parliament is not a walk in the park. those civil society activists should better know that they are driving on Thika superhighway without good brakes and they will crash, ”Duale said.
He urged women to run for election, like men, saying it was clear the bill lacks the support of men.
On four occasions male MPs failed to show up in Parliament to vote on the bill.
“During the 10th Parliament when Minister for Justice Martha Karua brought the bill, it failed to go through. Then Mutula Kilozo brought it four times and again it failed. I have personally tried doing so four times and it is the same old story,” Duale said.
Duale said he would soon bring a motion to change Article 100 of the Constitution which would be amended and look into issues of people living with disabilities, minorities, youth and women.
Despite being sued several times by interested parties, Parliament remained defiant.
In 2012, the Supreme Court advised the law should be enacted by August 27, 2015. Law makers extended the period by one year.
They have, however, failed to pass the gender implementation rule to date, despite the pleading by President Uhuru Kenyatta and Opposition leader Raila Odinga.
MPs were first given 40 days in 2016 by High Court judge Mumbi Ngugi to enact the law but they did not do so.
The High Court gave the AG and the Commission for the Implementation of the Constitution 40 days to prepare and table the two-thirds gender rule implementation Bill before Parliament.
Then a 60-day deadline was issued by High Court judge John Mativo in 2017 to pass that law. It lapsed on June 30, 2017, and nothing happened.
The judge said the Senate and National Assembly were at risk of being dissolved if they failed to obey his orders.
“If Parliament fails to enact the said legislation within the said period of 60 days from the date of this order, the petitioners, or any other person, shall be at liberty to petition the Chief Justice to advise the President to dissolve Parliament,” Mativo said.