Milimani law courts in Nairobi/FILE
BY NAMULONGO PETER,NAIROBI,29TH MARCH 2017-Any person can file a petition before chief justice to have parliament dissolved.This is now a real possibility after high court gave Parliament and the Attorney General 60 days to enact the two-thirds gender rule, failure to which any kenyan petition for dissolution of Parliament .
High Court Judge, John Mativo, issued the directions after he ruled that the National Assembly contravened the constitution by failing to pass the two-thirds gender rule.
The court further ruled that failure by Parliament not to enact the said legislation amounts to a violation of the rights of women to equality and freedom from discrimination and a violation of the constitution.
Parliament failure to enact the required legislation amounts to recognize the important task conferred on the legislature by the constitution to respect, protect , promote and fulfill the rights in the Bill of Rights,” ruled Justice Mativo.
The court blamed the National Assembly for not exercising its mandate as required by the constitution.
The ruling is as a result of a petition that was filed last year by the Centre for Rights Education and Awareness (CREAW) and Community Advocacy and Awareness Trust (CRAWN TRUST) against the National Assembly Speaker and his Senate counterpart as well as the Attorney General.
They wanted the respondents to take steps to ensure that the required legislation is enacted before the next General Election.
“The more than two-thirds gender rule principle in relation to membership of the National Assembly and the Senate has to be implemented before the next General Election,” stated the petitioners.