A petition has been submitted to the court challenging the legality of the National Assembly, alleging it violates the Constitution.
Activists Peter Agoro, Anthony Murimi Wachira, and Augustine Muthiani Muthui argue that the composition of Parliament does not adhere to the requirement that at least two-thirds of its members should be women.
According to the petition, the National Assembly’s current makeup contradicts key constitutional provisions such as Article 26 (6), Article 27 (8), and Article 81 (b), which aim to promote gender equality in leadership positions.
The petitioners are also urging the court to direct the Independent Electoral and Boundaries Commission (IEBC) to promptly conduct a by-election for Banissa constituency within 30 days.
They emphasize that Banissa has been without a Member of Parliament since March 2023, following the passing of MP Kulow Hassan.
The delay in holding the by-election, they argue, is causing hardship for the constituency’s residents.
Furthermore, the petition highlights that the IEBC’s failure to conduct the by-election within the stipulated 90 day period violates Article 101 (4) (b) of the Constitution, which mandates timely electoral processes.
The petitioners assert that the people of Banissa Constituency are being denied their constitutional right to representation in the National Assembly, as guaranteed under Articles 94 and 95 of the Constitution.
The respondents named in the petition include the IEBC, the National Assembly, and the Attorney General.
They are expected to respond to the allegations and arguments put forth by the petitioners in due course.
The outcome of this legal challenge could have significant implications for parliamentary representation and gender equality in Kenya’s political landscape.
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