Kenya stands on the precipice of an unprecedented crisis, with the very fabric of its governance threatened after President William Ruto's dramatic decision to dismiss nearly all Cabinet Secretaries, leaving only one in office. This move has effectively paralysed the executive branch, raising alarms about the future of the country’s leadership.
Adding fuel to the fire, three petitioners have rushed to court, seeking to declare the 13 Parliament illegal and unconstitutional.
This unprecedented legal challenge could plunge the nation into deeper turmoil if the court renders a decision before the Cabinet is fully reconstituted.
Bigger Picture: The National Assembly’s critical role in vetting and approving Cabinet nominees cannot be overstated. Should the court issue orders suspending all parliamentary business pending the hearing of the case, Kenya could be staring into an abyss of political instability, with two out of three branches of government rendered ineffective.
Challenge: Activists Peter Agoro, Anthony Murimi Wachira, and Augustine Muthiani Muthui are at the forefront of this legal battle, claiming that the current composition of Parliament is in direct violation of the constitution's two-thirds gender rule.
"The National Assembly violates the two-thirds gender rule and constitutional provisions such as Article 26 (6), Article 27 (8), and Article 81 (b)," the petition asserts.
It mandates affirmative action aimed at rectifying gender imbalances, ensuring that no more than two-thirds of any elected or appointed body belong to the same gender.
The petitioners are also demanding that the Independent Electoral and Boundaries Commission (IEBC) be compelled to conduct by-elections for the Banissa constituency within 30 days.
This constituency has been without representation since March 2023, following the passing of MP Kulow Hassan, raising serious concerns about the disenfranchisement of local constituents.
"The IEBC has failed to conduct by-elections for the position of Member of Parliament for Banissa Constituency, thus violating the provisions of Article 101 (4) (b) of the Constitution," the petition continues, highlighting the urgency of the matter.
The lack of representation has left the residents of Banissa without a voice in the National Assembly, undermining their constitutional rights to elect a representative who can champion their interests.
Named as respondents in this critical petition are the IEBC, the National Assembly, and the Attorney General, placing the weight of the crisis squarely on their shoulders.
Context: Current statistics reveal a stark imbalance in representation: out of 67 senators, only 21 are women, with merely three elected and the remainder nominated. In the National Assembly, a dismal 80 out of 349 members are women, comprised of 29 elected and 47 designated as County Woman Representatives.
Efforts to address gender representation have floundered in previous parliaments, but President Ruto and Azimio la Umoja leader Raila Odinga's Nadco committee has also witnessed multiple setbacks in attempts to meet constitutional requirements.
These proposed bills sought various measures, including filling special seats determined post-election, a progressive implementation of the gender rule, and establishing a reward system for political parties to encourage compliance with the threshold.
The Nadco report meticulously outlined previous attempts to uphold Articles 27 (8) and 81 (b) of the Constitution, striving to ensure that no more than two-thirds of the members in any public body are of the same gender.
