The Federation of Women Lawyers (FIDA) has filed a suit against the Independent Electoral and Boundaries Commission (IEBC), the National Assembly, the Senate and Attorney-General Githu Muigai.
FIDA filed the case in a move to compel IEBC to present to Parliament a list of nominees that conforms to the gender rule in Parliament
Through lawyer Eunice Lumallas, FIDA argued that Kenya had not implemented the gender rule which stipulates that any electoral body should not have more than two-thirds of its members from one gender.
“It is necessary that this matter is heard and determined quickly as court remedies can be implemented to solve the unconstitutionality of the composition of the 12th Parliament,” Lumallas stated.
She added, "The number of women in the list of elected MPs as published by IEBC is less than a third of the total number of legislators contrary to the mandatory provisions of the Constitution."
FIDA further wants the swearing in and resumption of business by the 12th Parliament declared unlawful adding that the gender rule was to be implemented before polls were held.
In March, High Court Judge John Mativo gave Parliament 60 days to implement the two-thirds Gender Rule failure to which it risked being dissolved.
National Assembly Majority leader Aden Duale and Deputy Minority leader Jakoyo Midiwo, however, castigated the court for giving the order which they stated was impractical.
Duale noted that the House had done its bit and the 60 days tag ordered by the judge would not be enough for the Bill to go through all stages required for it to be passed into law.
On his part, Midiwo claimed that the court had gone beyond its jurisdiction by directing Parliament on how to conduct its business.
