Kenya's Supreme Court Issues Opinion on Gender Rule

Kenya Citizen TV
Kenya Citizen TV
Publication Date:
11 December 2012
Kenya, Legal and Judicial Affairs, Governance, Women and Gender

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 fulfilled during next year's general election. Four judges, Jacktone Ojwang, Njoki Ndung'u, Smokin Wanjala and Philip Tunoi, held that article 81(b) of the Constitution, which provides that at least a third of all elective and public office holders must either be men or women, was to be implemented over a period of time, beginning August 27 next year. But in a dissenting opinion, Chief Justice Willy Mutunga held that the constitutional provision was effective immediately and should be applied to the March 2013 polls. 


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