Petition Filed in Court to Declare the Kenya National Assembly Unconstitutional

A petition has been filed in the High Court of Kenya to declare the National Assembly unconstitutional and illegal.

The basis of the suit is non-compliance with the two-thirds gender rule.

Activist Peter Agoro, along with Anthony Murimi Wachira and Augustine Muthiani Muthui, argue that the current composition of Parliament violates key constitutional provisions designed to ensure gender balance.

“The National Assembly violates the two-thirds gender rule and constitutional provisions such as Article 26 (6), Article 27 (8), and Article 81 (b), which mandate affirmative action to reduce gender imbalances in leadership positions by ensuring that no more than two-thirds of the members in any elective or appointive positions are of the same gender,” the petition states.

The petitioners also demand that the IEBC be compelled to conduct by-elections for Banissa constituency within 30 days.

They note that Banissa has been without an MP since March 2023, following the death of MP Kulow Hassan, and argue that any delay in conducting the by-election will cause distress among constituents.

“The IEBC has failed to conduct by-elections for the position of Member of Parliament for Banissa Constituency, Mandera County, within the stipulated 90-day timeline, thus violating the provisions of Article 101 (4) (b) of the Constitution,” the court papers read.

The petitioners further argue that the residents of Banissa Constituency have been deprived of their right to have a representative of their choice to champion their interests in the National Assembly, as outlined in Articles 94 and 95 of the Constitution.

Respondents named in the petition include the IEBC, the National Assembly, and the Attorney General.

—Source: RMS 

 

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