The 290 elected members of Parliament and 47 Senators will proceed to take their oath of office as already planned, the High Court has ruled.
Justice Enoch Chacha Mwita on Friday declined to issue an order stopping Thursday’s swearing-in of elected legislators for both the National Assembly and the Senate.
The judge ruled that lobbies that wanted to suspend the ceremony were misguided.
Nonetheless, Judge Mwita pointed out that the case was still arguable and directed hearing of the matter on September 21.
“The orders sought at this stage do not clearly indicate what it intends to achieve, Parliament cannot transact business before members of the two Houses take oath of office as required by law,” Justice Mwita ruled.
The judge also pointed out that there was no impending danger if the temporary orders were not granted as requested by the applicants.
The Centre for Rights Education Awareness (CREAW), Community Advocacy and Awareness Trust (CAWT), as well as the Federation of Women Lawyers (Fida) had moved to court last week to protest against an alleged refusal by the 11th Parliament to enact a law to implement the gender rule.
The lobbies want the 12th Parliament compelled to enact legislation to comply with the rule that seeks to restrict positions occupied by one gender in any given public office appointments to ‘not more than two thirds’.
CREAW and CAWT wanted the swearing-in temporarily stopped, pending the hearing and determination of their case.
They argued that the 11th Parliament ignored to legislate a law on implementation of the gender principle within the set timeline.
As for Fida, it seeks to have the Independent Electoral and Boundaries Commission (IEBC) compelled to present to Parliament a list of nominees that conforms to the gender principle.
They have faulted the 11th Parliament for neither enacting the disputed legislation nor reporting any progress on the matter.
The 11th Parliament passed the controversial Powers and Privileges Bill.