High court refers petition to dissolve parliament over gender rule to CJ Koome
In a ruling delivered by Justice Lawrence Mugambi, the petition filed by Margaret Toili, Eddah Marete, and Agnes Ndonji was forwarded to the Chief Justice for the empanelment of a bench.
The High Court in Nairobi has referred a petition seeking the dissolution of Parliament for failure to implement the two-thirds gender rule to Chief Justice Martha Koome for further action.
In a ruling delivered by Justice Lawrence Mugambi, the petition filed by Margaret Toili, Eddah Marete, and Agnes Ndonji was forwarded to the Chief Justice for the empanelment of a bench, after the court found that the case raises weighty constitutional questions that cannot be handled by a single judge.
“Nothing prevents this Court from forwarding this matter to the Honorable the Chief Justice for empanelment of a Bench to hear and determine it pursuant to Article 165(4),” ruled Justice Mugambi, adding that he humbly recommends the case be heard alongside other related consolidated petitions.
The petitioners are challenging the failure of Parliament to comply with Article 81(b) of the Constitution following the August 2022 general elections, accusing the legislature, alongside the Senate, Speaker of the National Assembly, and the Attorney General of violating the constitutional requirement on gender representation.
Justice Mugambi stressed that the issue is not unique to the current Parliament and continues to recur after every general election, noting the urgent need for a comprehensive constitutional interpretation to resolve the impasse and avoid repeated litigation.
“This is an enduring legal question. It cannot plausibly be argued that it is limited to the current Parliament,” he said.
The case also draws from a 2020 advisory opinion by retired Chief Justice David Maraga, who urged then-President Uhuru Kenyatta to dissolve Parliament for similar reasons.
That advisory followed multiple court orders compelling Parliament to legislate the gender rule in accordance with Articles 27(3), 81(b), and 100 of the Constitution.
Justice Mugambi emphasized the national importance of resolving the matter, stating that the question of gender parity in Parliament remains a pressing constitutional issue that requires clarity for both the current and future legislatures. The case will now await further directions from the Chief Justice.
