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Parliament had an obligation to pass laws to implement the 2/3 gender rule

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Introduction

This response will address the question of whether Parliament had an obligation to pass laws to implement the 2/3 gender rule in Kenya. It will delve into the relevant constitutional provisions, judicial pronouncements, and legal arguments surrounding this issue.

Constitutional Provisions
Judicial Pronouncements
Legal Arguments
Conclusion

1. Constitutional Provisions

1.1 Article 81 of the Constitution of Kenya, 2010

Article 81 of the Constitution of Kenya, 2010, deals with the composition of Parliament. It states that:

"Not more than two-thirds of the members of Parliament shall be of the same gender."

This provision is a clear constitutional mandate for gender parity in Parliament.

1.2 Article 10 of the Constitution of Kenya, 2010

Article 10 of the Constitution of Kenya, 2010, outlines the national values and principles of governance. It states that:

"The national values and principles of governance include... gender equality and equity."

This provision underscores the importance of gender equality as a fundamental principle of governance in Kenya.

2. Judicial Pronouncements

2.1 The High Court Case of "Women's Political Alliance (WPA) v. Attorney General & Others"

In the landmark case of "Women's Political Alliance (WPA) v. Attorney General & Others", the High Court ruled that:

Parliament had a constitutional obligation to enact legislation to implement the 2/3 gender rule.
The failure to enact such legislation was a violation of the Constitution.

The court emphasized the importance of the 2/3 gender rule in promoting gender equality and ensuring women's participation in governance.

2.2 The Court of Appeal Case of "Women's Political Alliance (WPA) v. Attorney General & Others"

The Court of Appeal upheld the High Court's decision in "Women's Political Alliance (WPA) v. Attorney General & Others", stating that:

Parliament's failure to enact legislation to implement the 2/3 gender rule was a violation of the Constitution.
The court ordered Parliament to enact legislation within a specified timeframe.

This decision further strengthened the legal obligation on Parliament to implement the 2/3 gender rule.

3. Legal Arguments

3.1 The Constitutional Mandate

The Constitution of Kenya, 2010, clearly mandates gender parity in Parliament through Article 81. This provision creates a legal obligation on Parliament to enact legislation to achieve this goal.

3.2 The Principle of Equality

The principle of equality, enshrined in Article 27 of the Constitution, requires that all persons are equal before the law and have the right to equal protection and benefit of the law. This principle applies to gender equality and necessitates the implementation of the 2/3 gender rule.

3.3 The Duty to Promote Gender Equality

The Constitution, through Article 43, imposes a duty on the State to promote gender equality. This duty extends to Parliament, which has a responsibility to enact legislation that promotes gender equality, including the implementation of the 2/3 gender rule.

4. Conclusion

Based on the constitutional provisions, judicial pronouncements, and legal arguments discussed above, it is clear that Parliament had a legal obligation to pass laws to implement the 2/3 gender rule. The Constitution mandates gender parity in Parliament, and the courts have consistently upheld this obligation. The failure to enact such legislation constitutes a violation of the Constitution and undermines the principles of gender equality and equity.