Nairobi, July 17, 2025 The High Court has referred a petition seeking dissolution of Parliament over failure to meet the two-thirds gender requirement to Chief Justice Martha Koome for empanelment of a multi-judge bench. Justice Lawrence Mugambi, delivering his ruling, found that the issues raised are weighty constitutional questions unsuitable for determination by a single judge.
The case, brought by petitioners Margaret Toili, Eddah Marete and Agnes Ndonji, targets the Speakers of the National Assembly and the Senate as well as the Attorney General. The petitioners argue that, following the August 2022 general election, Parliament’s composition contravenes Article 81(b) of the Constitution, which requires that no more than two-thirds of the members of elective or appointive bodies be of the same gender. They further contend that ongoing non-compliance flouts earlier court directives and guidance issued at the apex level.
In forwarding the matter, Justice Mugambi emphasized that nothing bars the Court from invoking Article 165(4) to place the petition before the Chief Justice for empanelment. He respectfully recommended that, where practicable, the petition be considered by the same bench currently handling related consolidated matters on gender representation, in order to promote coherence and judicial economy. “This question, unless resolved, will keep on recurring with every Parliament that comes up after every general election,” he observed.
The judge stressed that the dispute is not confined to the sitting Parliament and did not lapse with the end of the previous one. Rather, it presents an enduring interpretive challenge that has occupied both public debate and the courts for years. A definitive pronouncement, he said, is needed to guide future legislatures, provide clarity to electoral actors, and stem repetitive litigation across election cycles.
Kenya has grappled with implementation of the two-thirds principle since the 2010 Constitution. On September 21, 2020, then–Chief Justice David Maraga issued an advisory urging the President to dissolve Parliament for failing to pass the necessary enabling legislation, citing repeated court orders that went unheeded. The new petition revives that unresolved constitutional impasse and renews pressure on state organs to operationalize gender equity in representation.
Chief Justice Koome will now decide the size and composition of the bench and whether to consolidate this petition with the ongoing gender-rule cases. Further directions on case management and hearing timelines will issue from her office in due course.
