The High Court has ruled that the 290 elected Members of Parliament and 47 Senators will proceed to take the oath of office on Thursday as earlier planned.
On Friday, Justice Enoch Chacha Mwita declined to issue an order to stop the swearing-in ceremony ruling that the lobbies that had filed the case were misguided.
“The orders sought at this stage do not clearly indicate what it intends to achieve. Parliament cannot transact business before members of the two Houses take the oath of office as required by law,” Justice Mwita ruled.
The Judge, however, pointed out that the case was still arguable and directed hearing of the matter to be pushed to September 21.
Last week, the Centre for Rights Education Awareness (CREAW), Community Advocacy and Awareness Trust (CAWT) and the Federation of Women Lawyers (FIDA) moved to court to protest against the failure by the 11th Parliament to implement the gender rule.
CREAW and CAWT wanted the swearing-in temporarily stopped, pending the hearing and determination of their case.
FIDA, on the other hand, wanted the Independent Electoral and Boundaries Commission (IEBC) compelled to present to Parliament a list of nominees that conforms to the two-thirds gender rule.
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.
