Sifuna's Call to Dissolve Parliament Over Gender Rule

Edwin Sifuna, the Secretary-General of the Orange Democratic Movement (ODM), has reignited debate over Kenya’s parliamentary compliance with the two-thirds gender rule. The constitutional provision, requiring no more than two-thirds of any elective or appointive body to consist of one gender, remains unmet despite multiple petitions and legal advisories. Sifuna has demanded immediate action, emphasizing that Parliament’s inaction undermines the Constitution and gender equity in governance.

The push for gender representation has been ongoing for years. Former Chief Justice David Maraga issued an advisory in 2020 recommending the dissolution of Parliament for failing to enact the requisite legislation. However, the executive branch under former President Uhuru Kenyatta did not act on this recommendation. Parliament has consistently missed deadlines to implement the constitutional mandate, frustrating advocates for gender equality​​​​.

Organizations such as Crawn Trust and the Centre for Rights Education and Awareness (CREAW) have supported Sifuna's call, citing Article 261 of the Constitution, which outlines dissolution procedures for non-compliance. Advocates argue that Parliament’s inaction reflects deeper systemic resistance to equitable representation, particularly for women, who constitute over 50% of the Kenyan population​​.

The failure to implement the gender rule has also sparked accusations of political sabotage. Gender rights activists have pointed to missing reports and stalling tactics in Parliament as deliberate attempts to block progress. A taskforce report proposing mechanisms to meet the gender threshold, such as a top-up formula and campaign funding for women candidates, has reportedly disappeared, exacerbating frustrations​​​​.

Critics of Parliament's inaction argue that gender equity is essential for true democracy. Abdul Agukoh of Christian Aid Kenya emphasized that tokenism in leadership must end, and robust measures to empower women in decision-making processes must be implemented. The church and other civic organizations have also been urged to support these reforms​​.

Despite legal and advocacy efforts, achieving the gender rule has proven elusive. Some legal experts argue that dissolving Parliament could set a powerful precedent for constitutional compliance. However, others caution that the move could destabilize governance and result in prolonged political and economic uncertainty​​​​.

Sifuna’s call for dissolution comes at a critical juncture as the judiciary continues to deliberate on the matter. A five-judge bench recently took up petitions regarding the issue, signaling a renewed focus on resolving this constitutional impasse. Whether Parliament will act to address these demands or face dissolution remains a pivotal question for Kenya’s democratic and gender equality trajectory​​​​.