A petition to dissolve Kenya’s Parliament is set to be heard by a newly reconstituted five-judge bench, the Judiciary has announced.
The hearing is scheduled for September 24, 2024, marking a significant step in a legal battle that has been ongoing for several years.
The bench will be presided over by Justice Jairus Ngaah, with Justices Lawrence Mugambi, Patricia Nyaundi, Moses Otieno, and Tabitha Ouya Wanyama also serving on the panel.
This team of judges was reconstituted on July 31, 2024, specifically to address the consolidated petitions on a priority basis, indicating the importance of the case.
The origins of this legal dispute date back to 2019 and 2020 when the then Chief Justice (Emeritus) received six petitions demanding advice on dissolving Parliament.
These petitions were grounded in the argument that Parliament had failed to enact the necessary legislation to implement the two-thirds gender rule, a constitutional requirement under Article 81(b).
The rule is designed to ensure that no more than two-thirds of any elective or appointive body in Kenya is of the same gender, promoting gender equality in political representation.
On September 21, 2020, the Chief Justice (Emeritus) issued an Advisory Opinion to the President, recommending the dissolution of Parliament due to its failure to pass the required legislation.
This opinion was seen as a bold move to uphold the constitutional mandate of gender equality, but it also sparked a wave of legal challenges.
Multiple petitions were filed against the Advisory Opinion, leading to the consolidation of cases under Petition No. E291 of 2020, alongside several others.
These petitions questioned the legality and implications of dissolving Parliament, arguing that such a move would have significant political and social consequences.
The reconstituted five-judge bench will now have the task of resolving this complex issue, which has far-reaching implications for Kenya’s legal and political landscape.
The upcoming hearing on September 24, 2024, will be closely watched by legal experts, politicians, and the public, as it could set a precedent for how constitutional mandates, particularly those concerning gender equality, are enforced in the country.
The Judiciary’s decision to prioritize this case reflects the ongoing debate about the balance between upholding constitutional principles and managing the practical realities of governance.
As the hearing approaches, the focus will be on whether the court will uphold the Advisory Opinion to dissolve Parliament or find an alternative solution that addresses the concerns raised in the petitions.
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