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Attorney-General Githu Muigai

A non-governmental organization has accused Attorney General Githu Muigai of failing to provide relevant legal framework for the implementation of the two-thirds gender rule as stipulated in the constitution.

The Centre for Rights Education and Awareness (CREAW) is seeking orders directing the AG and the Commission for the Implementation of the Constitution (CIC) to prepare the relevant Bill for tabling in Parliament as provided for in articles 27(8) and 81(8) of the Constitution.

“The Constitution requires that as a precursor to Parliament discharging the obligation, the first (AG) and the second ( CIC) respondents ought to prepare the relevant bills for tabling before Parliament as soon as reasonably practicable to enable Parliament to enact the legislation within the period specified,” the NGO stated through its lawyer Judy Thongori.

The lobby group, through its Executive Director Ann Njogu, further wants the court to declare that the AG and CIC have failed to prepare the bills and a further declaration that their actions are a violation of the Constitution.

Njogu maintained that the two institutions have gone against a decision by the Supreme Court, which had given an advisory opinion on December 11, 2012 calling for the introduction of legislation to ensure compliance with the gender equity rule.

The two-thirds gender rule states that not more than two-thirds of members of elective or appointive organisations should be of the same.

High Court Judge Mumbi Ngugi qualified the matter as urgent and directed the organization to file and serve the parties before the hearing of the petition on May 8.


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