The High Court has ruled against an advisory issued by former Chief Justice David Maraga recommending the dissolution of Parliament over its failure to implement the two-thirds gender rule.
In its decision issued on Friday, June 5, the court found that the advisory was issued prematurely and did not meet the constitutional requirements.
According to the court, the advisory was made before the relevant court orders had been formally transmitted to Parliament and the Attorney General as required under Article 261(6)(b).
In 2020, Maraga had advised former President Uhuru Kenyatta to dissolve the 12th Parliament after lawmakers failed to enact legislation to implement the constitutional requirement that no more than two-thirds of elective or appointive bodies be of the same gender.
Former Chief Justice David Maraga during the nullification of the 2017 election results Photo Judicial Service Commission
The case was widely anticipated as a step toward the eventual implementation of constitutional requirements linked to parliamentary representation and compliance oversight.
Maraga’s advisory was secured with support from former Law Society of Kenya (LSK) President and Senior Counsel Nelson Havi, who described the effort as part of a broader push to enforce compliance with constitutional provisions.
“C J David Maraga and I did our part in securing the advisory to the President to dissolve Parliament for failure of compliance with and none enactment of two-third rule laws,” he wrote in a post on June 4.
Ahead of the High Court determination, Havi commented on recent criticism directed at Maraga regarding gender issues, describing it as unwarranted and misinformed.