MPs failed to activate gender rule, must go

Following the judicial advisory by Chief Justice David Maraga to President Uhuru Kenyatta to dissolve Parliament for its failure to activate the two-thirds gender rule, the Head of State’ s hands are tied: He has 21 days to do so lest all the laws it has legislated be void.

National Assembly Speaker Justin Muturi’s claim that the advisory is “unlawful and unconstitutional” encompasses the denial of constitutionally granted women’s representation in government and continuation of the erasure and violent patriarchal harm on women.

What justification can a regime that can’t uphold a constitutional principle to have a demographic that makes 51 per cent of the population in government authoritatively speak about gender-based violence, femicide and the plight of women?

Ironically, the advisory claiming to enforce women’s rights erases and distorts the efforts by the #WeAre52pc collective, who were the first to deliver such a petition on September 27, 2017.

Non-conforming

The erasure and disregard of women within the political realm isn’t unique to the legislature; all three arms of government are arithmetically non-conforming to the two-thirds gender principle, making the entire Jubilee regime in violation of the Constitution. Politicians have egregiously referred to the gender rule as a ‘pipe dream’, dismissing its constitutional authority, hence continuing constitutional violations.

The expatiation around the gender rule is not confined to denial of women’s rights but also infringement of constitutionalism. Kenya has been in a constitutional crisis since 2010 as the Kibaki and Kenyatta regimes vehemently disobeyed the constitution by allowing unconstitutional parliaments to operate.  As pedestalled by the civil society, Kenya’s Constitution is one of the most progressive. But how advantageous is it when trivialised by all arms of government?

 @Suhayllo