The two-thirds gender rule is not enforceable, this is according to Gatundu South MP Moses Kuria to Chief Justice David Maraga on Tuesday September 22.
According to the legislator in a lengthy Facebook statement, should the law be enacted, the number of MPs will go up from 349 to 650 on account of gender only.
“More importantly the women I represent told me extra nominations for handbag carrying, perennial seminar attendees are not a priority over water, roads, schools, hospitals, fertilizers etc. They told me they have no problem with nominating persons with proven disabilities but being a woman was NOT one of them,” he said.
He wondered which constituencies will be reserved for women and which ones for the men.
“This Constitution vs Conscience question requires a 5 judge High Court Bench and a fully constituted Supreme Court to rule on whether a constitution can overpower the people of Gatundu South whom I represent and my conscience to force me to vote in a certain way. It is the biggest constitutional issue of our times,” he added.
On Monday, September 21, National Assembly Speaker Justin Muturi objected calls by Maraga for President Uhuru Kenyatta to dissolve Parliament.
The President of the Supreme Court of Kenya advised the Head of State to dissolve the August House over its failure to enact legislation required to implement the two-thirds gender rule.
But in a lengthy statement to newsrooms, Muturi revealed that the gender rule should be subject to a referendum due to the cost of implementing it.
“Given the current efforts and initiatives to amend the Constitution that are currently underway such as the Building Bridges Initiative (BBI), the issue on two-thirds gender rule can be subjected to a referendum in the event the same happens,” he explained.
Muturi revealed the cost implications of implementing the two-thirds gender rule through other mechanisms such as nomination and topping up.
“It is prudent if the matter were to be subjected to the people once more for a reevaluation or to propose ways of achieving two-thirds gender rule.” he noted.
Muturi called for Parliament not to be used as a punching bag, adding that it was unrealistic for the CJ to call for its dissolution.
“We must not lose sight of the real challenges in implementing this matter and turn Parliament into a punching bag on account of gender parity,” he added.
“The clamor for dissolution of the current Parliament on account of failure to enact the two-third gender legislation is at the very least, unrealistic.”
He highlighted that if legislators were to decide through voting in Parliament, this would in essence mean that there are an additional 100 votes of nominated women legislators, yet the legislators are not a direct expression of the will of the people.
“That elected legislators wield more legitimacy relative to nominated legislators can be deduced from article 123 of the Constitution with respect to voting in the Senate.” he went on.