A petition has been filed requesting that the court declare the National Assembly illegitimate and unconstitutional due to noncompliance with the two-thirds gender requirement.

Activist Peter Agoro, along with Anthony Murimi Wachira and Augustine Muthiani Muthui, claim that the current makeup of Parliament violates fundamental constitutional provisions aimed at ensuring gender balance.

“The National Assembly violates the two-thirds gender rule and constitutional provisions such as Article 26 (6), Article 27 (8), and Article 81 (b), which mandate affirmative action to reduce gender imbalances in leadership positions by ensuring that no more than two-thirds of the members in any elective or appointive positions are of the same gender,” the petition states.

The petitioners further seek that the IEBC hold by-elections for the Banissa constituency within 30 days.

They point out that Banissa has been without an MP since March 2023, following the death of MP Kulow Hassan, and say that any delay in holding the by-election will raise concern among constituents.

“The IEBC has failed to conduct by-elections for the position of Member of Parliament for Banissa Constituency, Mandera County, within the stipulated 90-day timeline, thus violating the provisions of Article 101 (4) (b) of the Constitution,” the court papers read.

The petitioners also claim that the citizens of Banissa Constituency have been denied the right to have a representative of their choice to represent their interests in the National Assembly, as guaranteed by Articles 94 and 95 of the Constitution.

Respondents mentioned in the petition include the IEBC, the National Assembly, and the Attorney General.