High Court Judge Joseph Onguto yesterday declared that the Cabinet as constituted at present is unlawful, as it does not meet the two-thirds gender rule.
But he suspended his decision for a period of eight months on grounds that if the Cabinet were disbanded now, it would create unnecessary tensions just before a general election.
The two-thirds gender rule, which is very complicated to implement in Parliament, is eminently straightforward for the Cabinet.
In the case of Parliament, an elective institution that also has nominated members, the complication consists largely of the electorate’s peculiar voting habits.
The Cabinet is a much smaller entirely appointive body. Not counting the President and Deputy President, whose positions are elective, the Cabinet has 20 Secretaries plus the Attorney General. Only five CSs are women, or 24 per cent.
It is an easy thing for the President to fix and to do so soon; there is no need to wait for the aftermath of the election.
This Article was originally posted on the Star Newspaper website http://www.the-star.co.ke/ on 21st December 2016