KEMEA welcomes advisory by Kenya Chief Justice to dissolve Parliament over non-implementation of two-thirds gender rule

Kenya MenEngage Alliance (KEMEA) supports the Chief Justice of Kenya, David Kenayi Maraga, in his advisory to the country’s president Uhuru Kenyatta, to dissolve Parliament for failure to implement the two-thirds gender rule principle which is enshrined in the Constitution.

Article 27(8) of the Constitution of Kenya 2010 provides that the State takes steps to ensure that no more than two-thirds of members of all elective and appointive positions are not of the same gender. Ten years after the promulgation of the Constitution of Kenya 2010, there is yet to be enactment of specific legislation to operationalise this constitutional provision on gender equality.

“The Kenyan Constitution provides that ‘If Parliament fails to enact legislation in accordance with an order under Clause 6(b), the Chief Justice shall advise the President to dissolve Parliament and the President shall dissolve Parliament’.

“It is in this regard that Kenya MenEngage Alliance supports the Chief Justice advisory to the President dated 21st September 2020 that the President should dissolve Parliament in accordance with Article 261(7) of the Constitution because this represents the will of the Kenyan people,” says Job Akuno, National Co-Ordinator of KEMEA.

It is concerning that 10 years after the promulgation of Kenya’s new Constitution and after four court orders compelling Parliament to enact the legislation required to implement the two-thirds gender rule as per the Constitutional dictate, Parliament has failed to do so and has sought to avoid to obey the Constitution.

“Continued stalling of implementing the two-thirds gender rule principle is an indication that Kenya views women as second-class citizens and is not prepared to view women as equal participants in political and administrative office and activities – and this is disappointing and regressive. We call on the political class that is to date largely dominated by men in Kenya to support the initiative of equal gender representation in politics so that women can equally enjoy the fruits of the Constitution. This demands that we have affirmative action to translate into reality what the Constitution demands. We appeal to our President to do the right thing and heed the advisory of the Chief Justice and dissolve Parliament to ensure full and unfettered women’s participation in politics”, adds Elias Muindi, Programme Officer for Kenya MenEngage Alliance.

For more information or interviews contact:

  1. Job Akuno, National Co-Ordinator, Kenya MenEngage Alliance
    Email: Phone: +254723850599
  2. Elias Muindi, Programme Officer, Kenya MenEngage Alliance
    Email: Phone: +254 721 825 751

About Kenya MenEngage Alliance

Kenya MenEngage Aliance is part of 22 networks of MenEngage Africa Alliance, a member of the Global MenEngage Alliance of non-governmental organisations and United Nations (UN) agencies established in 2006 with the aim of engaging men and boys to achieve gender equality, prevent HIV and AIDS; promote human rights and reduce violence at all levels across the continent of Africa, and question structural barriers to gender inequalities.