A reconstituted five-judge bench will hear a petition filed seeking advice to dissolve Parliament, the Judiciary has said.
The bench consists of Justices Jairus Ngaah (Presiding), Lawrence Mugambi, Patricia Nyaundi, Moses Otieno and Tabitha Ouya Wanyama. The matter will be mentioned before the full bench on September 24, 2024.
“A five-judge bench of the High Court was reconstituted on July 31, 2024, to determine the consolidated petitions on a priority basis,” the Judiciary said in a statement.
The mention is set to take place before the full bench on September 24, 2024.
The Judiciary said in 2019 and 2020, the Chief Justice (Emeritus) received six petitions seeking advice to dissolve Parliament.
This was pursuant to Article 261(7) as read with Articles 27(3) & (8), 81(b) and 100 of the Constitution, on account of failure to enact legislation giving effect to the principle in Article 81(b), popularly known as the two-thirds Gender Rule.
Chief Justice (Emeritus) gave an Advisory Opinion to the President on September 21, 2020, advising him to dissolve Parliament for failure to enact legislation required to implement the two-thirds gender representation principle.
That Advisory Opinion was challenged at the High Court vide Petitions No. E291 of 2020 consolidated with Petitions Nos. E300, E302, E305, E314, E317, E337, E228 and E229 all of 2020 and JR No. E1108 of 2020.
