Petitions filed pushing Court to declare National Assembly Unconstitutional

Petition now filed urging court to declare the National Assembly unconstitutional due to non-compliance with the two-thirds gender rule.

Activist Peter Agoro, alongside Anthony Murimi Wachira and Augustine Muthiani Muthui, contend that the current composition of Parliament violates important constitutional provisions intended to uphold gender balance.

"The National Assembly violates the two-thirds gender rule and constitutional provisions such as Article 26 (6), Article 27 (8), and Article 81 (b), which mandate affirmative action to reduce gender imbalances in leadership positions by ensuring that no more than two-thirds of the members in any elective or appointive positions are of the same gender," the petition states.

They highlight that Banissa has been without an MP since March 2023, following the passing of MP Kulow Hassan, and assert that any postponement of the by-election will cause hardship to the constituents.

"The IEBC has failed to conduct by-elections for the position of Member of Parliament for Banissa Constituency, Mandera County, within the stipulated 90-day timeline, thus violating the provisions of Article 101 (4) (b) of the Constitution," the court papers read.

The petitioners are also demanding that the IEBC be instructed to hold by-elections for the Banissa constituency within 30 days.