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Supreme Court says 2/3 gender rule cannot apply strictly in March 2013 elections

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The Supreme Court, the highest court in Kenya’s judicial hierarchy, today offered its advisory opinion on the issue of the two thirds gender rule that has puzzled parliament for the last few months.

The court advised that although the gender rule as enshrined in the constitution must be realized, it cannot strictly be applied to the March 2013 general elections and must therefore be ‘gradually implemented.’

In the words of the court;

“One third gender rule is not necessarily applicable to the 2013 election but enforceable progressively,” reads the advisory opinion in part.

The court also advised that the gradual implementation of the gender rule should take place as from the time of the promulgation of the constitution and proceed for five year i.e 2010-2015.

This at least relieves parliament of one headache since its apparent inability to solve the gender riddle would have likely led to the next sitting of parliament being declared unconstitutional.



 
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