EKATARINA HANDA PETITION OMBUDSMAN OVER FAILURE TO TRANSMIT MARAGA ADVISORY ON TWO-THIRDS GENDER PRINCIPLE
By Jeff Kizzilah Digital Editor
Ekatarina Handa Advocate for High Court today filed a formal petition with the Office of the Ombudsman seeking investigations into the alleged failure by the Judiciary Registrar to transmit a critical court order related to the two-thirds gender principle.
Ekatarina Handa Advocate for High Court,and Incoming LSK representative to the JSC
Addressing the press outside the Ombudsman offices, the petitioners recalled that:
1. The Maraga Advisory: Then Chief Justice David Maraga in 2020 advised the President to dissolve Parliament for failure to implement the two-thirds gender principle as required by the Constitution.
Conservatory Orders:Following the advisory, 10 petitions were filed challenging it. On 24th September 2020, Justice Korir issued a conservatory order staying all proceedings, which prevented the Registrar from acting at that time.
Orders Lifted in 2025:The petitioners state that all stays were lifted in 2025, but the Registrar has to date failed to transmit the consequential court orders to the Speakers of the National Assembly, Senate, and the Attorney General.
What the Petition Seeks:
If the order is transmitted, Parliament would be compelled within 60 days to enact legislation providing for affirmative action to implement the two-thirds gender rule. Failure to do so would allow any citizen to petition the Chief Justice to dissolve Parliament under Article 261.
Currently, women constitute only 12% of representation in the National Assembly and less than 30% in the Senate — far below the constitutional threshold.
“The importance of this is that if we proceed with this investigation, the 60 days will start running this year, well before the party primaries in February 2027. We are here to ensure the women of this country benefit from constitutional provisions,” the lead petitioner stated.
The group further noted that proper implementation would ensure women’s perspectives are reflected in all laws relating to health, violence, land and governance ahead of the 2027 General Election.
The petition also calls on the Judicial Service Commission to require the Registrar who has held office since 2017 to explain what they term as maladministration in the administration of justice.
The petitioners described the moment as historic, stating: “This is our time. The next Parliament must be properly constituted.”
