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Following the unfortunate and regrettable advisory by the Supreme Court to effectively postpone implementation of the Gender Rule and Affirmative Action principle in respect to the representation of women at the Senate and at the National Assembly, the Centre for Multiparty Democracy (CMD-Kenya) has petitioned the East African Community (EAC) to take stern action against Kenya for contravening the Treaty rules of the Community and particularly the threshold on gender
In a strongly worded letter signed by the Chair of CMD-Kenya; Hon. Justin B. Muturi and the Executive Director, Ms. Njeri Kabeberi to the Secretary General of the EAC Amb. Dr. Richard Sezibera, CMD-Kenya has petitioned the regional block to look for ways to compel Kenya to comply with the 2/3rds gender rule already enshrined in the Constitution under the Bill of Rights. The Majority ruling by the four judges who included one female judge carried the day with a strong dissention from the President of the Supreme Court, who is also the Chief Justice, Dr. Willy Mutunga. Tragically, though the Majority ruling spoke of progressive attainment of the gender rule by 2015, they did not indicate by which means the country will attain the required threshold. On Tuesday, 13th December 2012 at a full Special Oversight Board of CMD-Kenya the Board resolved to take a three pronged approach towards the achievement of the rule and in defense of the Kenya Constitution.
1.Write to the EAC Secretariat for the necessary interventions;
2.Take the matter to the East African Court of Justice; and ,
3.Begin a campaign of ‘No Women, No Elections’ until this matter is resolved
See the full Petition, the two rulings and the EAC Treaty…….