The Judiciary has scheduled a crucial mention date for the petitions challenging the advisory issued by the former Chief Justice regarding the dissolution of Parliament.

According to a statement by the Directorate of Public Affairs and Communication, the matter is set to be heard before a full bench on September 24, 2024.

Judiciary statement

“The matter will be mentioned before the full bench on September 24, 2024,” a statement by the Directorate of Public Affairs and Communication revealed.

A 5-Judge bench of the High Court was reconstituted on July 31, 2024, to handle these consolidated petitions on a priority basis.

The bench has Justices Jairus Ngaah (Presiding), Lawrence Mugambi, Patricia Nyaundi, Moses Otieno, and Tabitha Ouya Wanyama.

The advisory in question was issued by the former Chief Justice Emeritus in 2020, following petitions received in 2019 and 2020.

These petitions requested that the Chief Justice advise the President to dissolve Parliament due to its failure to enact the necessary legislation to implement the two-thirds gender rule as specified in Article 261(7) of the Constitution, in conjunction with Articles 27(3) & (8), 81(b), and 100.

On September 21, 2020, the Chief Justice Emeritus advised the President to dissolve Parliament, citing the legislative failure.

Advisory

This advisory opinion has since been challenged in the High Court through Petitions No. 1291 of 2020, along with consolidated Petitions Nos. F300, F302, F305, P314, F317, P337, F.228 & F229 of 2020, and JR No. E1108 of 2020.

On April 3, 2023, Members of the National Assembly pledged to advance a bipartisan approach to implementing the two-thirds gender rule for elective positions, addressing the ongoing delays in Parliament.

Leader of the Majority, Kimani Ichung’wah, stressed the importance of gender representation and collaboration with women’s groups, highlighting the societal benefits of advancing women’s rights.

Martha Wangari praised the increased participation of women in elective positions and the 102 women currently serving in Parliament. She emphasized the need for gender parity to inspire young girls globally and ensure women have a significant leadership role.

Jared Okello on his part expressed frustration over the slow progress in achieving women’s rights and called for equal opportunities. He referenced former U.S. President Barack Obama’s remarks on gender equality, advocating for swift and meaningful action.

Omar Mwinyi committed to supporting female legislators and aspiring MPs, recognizing the critical roles women play in society and advocating for their increased presence in national leadership positions. However upto date less has been achieved.