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Fourteen years after Kenyans adopted a progressive constitution, many of their aspirations remain unfulfilled. Women, in particular, are still hoping for a new dawn when the two-thirds gender rule in elective positions becomes a reality.

As the country celebrated the constitution’s 14th anniversary, it was clear that Article 81 of the Constitution, which mandates that no more than two-thirds of members of elective public bodies shall be of the same gender, has yet to be fully implemented.

Against this backdrop, former Chief Justice David Maraga wrote an advisory to former President Uhuru Kenyatta in 2020, urging him to dissolve Parliament because it had failed to implement the two-thirds gender rule nearly a decade after the new constitution was promulgated.

In his advisory, Maraga informed President Kenyatta that Parliament had not enacted the necessary legislation to implement the two-thirds gender rule. The Court of Appeal had previously observed that this failure was a clear indication of Parliament’s lackadaisical attitude and conduct regarding this matter.

“Consequently, it is my constitutional duty to advise the President to dissolve Parliament under Article 261(7) of the Constitution. There is no doubt that the dissolution of Parliament will cause inconvenience and even economic hardship,” said Justice Maraga at the time.

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