The Meru county public board consisting of five men and one woman is in violation of the law as it contravenes the two third gender rule, the High Court has ruled.
Justice Thripsisa Cherere gave the board up to September 1 to rectify the constitutional requirement to ensure no gender exceeded two thirds or be cited for contempt of the court.
She however, ruled that there was no evidence that the nomination, appointment and approval of the six, was flawed and unprocedural.
Justice Cherere expressed concern that the board had operated for years despite emphasis that the implementation of the two-third gender rule in the Constitution would be progressive.
She made the ruling in a constitutional petition challenging the composition of the board filed by lawyer Ernest Kimaita.
Mr Kimaita had named the devolved unit, county secretary and the board as the first, second and third respondents respectively.
He enjoined board members Mr Julius Kainga Mitu, Mr Julius Kiambi Arithi, Ms Hellen Nkirote Mugambi, Mr Martin Mutuma Kubai, Mr Julius Gitonga Kabui and Mr Mbaabu M’Inoti as interested parties.
In the suit filed on April 4, 2023, Mr Kimaita argued the board composition violated the provisions of Article 27 (8) and 175 (c) of the Constitution.
The lawyer sought a declaration that the whole process of nominating, appointment and approval of the members was flawed and urged the court to disband it.
He also wanted the board disbanded and a new one formed.
Justice Cherere agreed with the petitioner that the board composition violated the constitution, yet the law upholds the equality of both male and female genders in the society.
She noted that two similar petitions had been filed in court and the devolved unit urged to correct the anomaly, but appeared adamant.
The cases had been filed by lawyers Kenneth Muriuki (2022) and Mr Kaumbi Kioga (2023) where the court found the composition of the county service board violated the constitution.
“The successive county governors and county assemblies of the County Government of Meru appear to have not only misinterpreted the foregoing advisory opinion but also abused it with impunity.
“I have come to this conclusion considering that this is the third petition challenging the composition of the third respondent with the county government appearing not to take court orders with the seriousness they deserve,” ruled Justice Cherere.
During the hearing, the county government had informed the court that Governor Kawira Mwangaza had appointed one Virginia Kawira Miriti as secretary and CEO of the board, thereby fulfilling the requirement.
But the judge ruled that whereas there was evidence of the appointment of the female secretary, it had not been demonstrated that the appointment has been approved by the county assembly.
The judge set a mention date on September 19, 2024 for directions.
