11 December 2012

Kenya: Court to Deliver Ruling On-One-Third Gender Case

The Supreme Court has, through a majority opinion, advised that the two-thirds, one-third gender principle in the Constitution does not have to be ... ( Resource: Kenya's Supreme Court Issues Opinion on Gender Rule

The supreme court is set to deliver a ruling on the one -third gender rule this afternoon. The case was filed by the Attorney-General Githu Muigai who sought a advice on the application of the constitutional threshold for gender representation.

The case was heard on November 20 after the Supreme court said it has the power to hear the one-third gender rule case. The five judges of the Supreme Court ruled that it can rightly give an opinion on the matter because the issues raised touch on the National Assembly and affect the county governments.

The AG, who is the chief legal adviser of the government, moved to court after Parliament failed to agree on the rule. The Constitution requires at least one-third of the members of the legislature be of one gender.

The AG argued that there there is an ambiguity in the Constitution as a result of Article 81(b) which provides that "not more than two-thirds of the members of elective public bodies shall be of the same gender".

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