Article 27(8) states that in addition to the measures such as affirmative action programmes and policies enumerated in Article 27(6 ), “the State shall take legislative and other measures to implement the principle that not more than two-thirds of the members of elective and appointive bodies shall be of the same gender.” Article 81(b) adds that “The electoral system shall comply with,” among others, the principle that “not more than two-thirds of the members of elective public bodies shall be of the same gender.” Needless to say that Parliament is a public body to which members are elected and Article 100 directs it to “enact legislation to promote the representation in Parliament of’ amongst others, “women.” With regard to elective positions, which is the issue in these six petitions, the two-thirds gender rule is set out in Articles 27(8) and 81(b) of the Constitution. To remedy the situation and “give full effect to the realisation of the rights guaranteed under the Constitution, Article 27 directs the State to “take legislative and other measures, including affirmative action programmes and policies designed to redress any disadvantage suffered by individuals or groups because of past discrimination.” Cognizant of the discrimination sections of our society had suffered for centuries, the Kenyan people enacted Article 27 of the Constitution which prohibits any form of discrimination on grounds, amongst others, of race, sex, ethnic or social origin, age, disability or religion. It is grounded on the declaration in Article 27(3) of the Constitution that “Women and men have, the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres.” Your Excellency, “the two-thirds gender rule” is an acronym for the constitutional imperative which prohibits any form of discrimination in the appointive and elective positions in our country on the basis of one’s gender. The Petitions are based on the ground that, despite four Court orders compelling Parliament to enact the legislation required to implement the two thirds gender rule in accordance with Article 27(3) read together with Articles 81(b) and 100 of the Constitution, Parliament has blatantly failed, refused and/or neglected to do so. Copies of those petitions are annexed hereto and marked “AP1(a) to AP1(e) “ As they all raise the same issue and seek the same prayer, I have consolidated them. 1 of 2020 by the Law Society of Kenya dated 2oth July 2020. David Sudi dated 1oth July 2019 and Petition No. 4 of 2019 by Aoko Bernard dated 18th June 2019 Petition No. 3 of 2019 by Stephen Owoko and John Wangai dated 2oth November 2018 Petition No. 2 of 2019 by Fredrick Gichanga Mbugua’h dated 7th May 2019 Petition No. They are: Petition No.1 of 2019 by Margaret Toili dated 12th April 2019 Petition No. Your Excellency, I have before me six petitions seeking that I advise you to dissolve Parliament under Article 261(7) as read with Articles 27(3) & (8), 81(b), and 100 of the-Constitution. SPEAKER OF THE SENATE…………………………….2ND RESPONDENTĪTTORNEY GNERAL………………………………………3RD RESPONDENTĭownload Chief Justice’s Advice to the PresidentĬHIEF JUSTICE’S ADVICE TO THE PRESIDENT PURSUANT TO ARTICLE 261(7) OF THE CONSTITUTION SPEAKER OF THE NATIONAL ASSEMBLY……….1 ST RESPONDENT IN THE MATTER OF THE PETITIONS FOR DISSOLUTION OF PARLIAMENT IN THE MATTER OF ARTICLE 261 (7) OF THE CONSTITUTION OF KENYA2010 IN THE MATTER OF ARTICLE 81 (b) OF THE CONSTITUTION OF KENYA2010 IN THE MATTER OF ARTICLE 27 (3) & (8) OF THE CONSTITUTION OF KENYA 2010 OFFICE OF THE CHIEF JUSTICE I PRESIDENT, SUPREME COURT OF KENYA
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |