Three petitioners have filed a lawsuit seeking to declare the current Parliament illegal and unconstitutional.
This comes a day after His Excellency the Head of State president William Ruto dissolved his cabinet sending home almost all cabinet Secretaries apart from prime cabinet secretary Musalia Mudavadi.
The petition to dissolve parliament, if ruled upon before the reconstitution of the Cabinet, could exacerbate the turmoil, leaving Kenya with a potentially paralyzed government.
The National Assembly’s role in vetting and approving Cabinet nominees is crucial.
If the court suspends parliamentary operations pending the case’s outcome, Kenya could face significant political instability with both the legislative and executive branches incapacitated.
Activists Peter Agoro, Anthony Murimi Wachira, and Augustine Muthiani Muthui are spearheading the legal challenge, arguing that Parliament’s current composition violates 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 claims.
These articles mandate affirmative action to address gender imbalances, ensuring that no more than two-thirds of members in any elected or appointed body are of the same gender.
The petitioners also call for the Independent Electoral and Boundaries Commission (IEBC) to conduct by-elections in the Banissa constituency within 30 days.
Banissa has lacked representation since March 2023, following the death of MP Kulow Hassan, leading to 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 states.
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