A high-stakes petition seeking the dissolution of Kenya’s 13th Parliament and Senate over failure to implement the two-thirds gender rule has been escalated to Chief Justice Martha Koome. Justice Lawrence Mugambi, in a ruling dated July 10, 2025, referred the matter for empanelment of a constitutional bench under Article 165(4) of the Constitution, citing its weighty constitutional implications.
The petition was filed by Margaret Toili, Eddah Marete, and Agnes Ndonji. They argue that Parliament has persistently violated the Constitution by failing to ensure that no more than two-thirds of elective public bodies are composed of one gender, as required under Articles 27(3), 81(b), and 100.
The trio is calling for the dissolution of both houses and an order compelling political parties to comply with the gender rule during nominations and elections. While Justice Mugambi did not determine the petition’s merits, he noted that the issue raises enduring legal questions that transcend the current Parliament and affect Kenya’s broader constitutional framework.
“This question, unless resolved, will keep on recurring with every Parliament that comes up after every general election,” Mugambi stated.
The Speakers of the National Assembly and Senate, who are named as respondents, had urged the court to consolidate the current petition with older cases filed between 2017 and 2020 that also challenged Parliament’s failure to comply with the gender rule. However, the petitioners opposed consolidation, noting that those cases mostly targeted the now-defunct 12th Parliament and had already been dismissed or concluded.
Justice Mugambi ruled that consolidation was beyond the powers of a single judge and would require determination by a constitutional bench. He acknowledged the recurring nature of the constitutional violation and emphasized that the issue remains live and unresolved.
The petitioners are also seeking damages for the alleged violation of their constitutional rights and any additional relief the Court deems just. The matter now awaits Chief Justice Koome’s decision on whether to form a multi-judge bench to deliberate on this potentially landmark constitutional challenge.
