The High Court has dissolved the Meru County Public Service Board for contravening the two-thirds gender rule, marking a significant victory for gender equality advocates.
Justice Linus Phogon Kassan directed Governor Kawira Mwangaza to appoint a selection committee tasked with constituting a board that complies with the Constitution. In his ruling, the judge declared that the six-member board, comprising five men and one woman, violated the provisions of Article 27 (8) and 175 (c) of the Constitution.
Consequently, Julius Kainga Mitu, Julius Kiambi Arithi, Hellen Nkirote Mugambi, Martin Mutuma Kubai, Julius Gitonga Kabui, and Mbaabu M’Inoti were removed from their positions. The court expressed concern that the board had operated for years without meeting the constitutional requirement for gender balance.
The ruling came in response to a constitutional petition challenging the board’s composition, filed by lawyer Ernest Kimaita.
Disband board
In the suit, Kimaita sought a declaration that the entire process of nominating, appointing, and approving the board members was flawed. He urged the court to disband the board, arguing that its composition violated constitutional principles.
The judge concurred with the petitioner, emphasising that the law upholds the equality of both male and female genders in society.
Justice Kassan noted that two similar petitions had been filed previously, in 2022 by lawyer Kenneth Muriuki, and in 2023 by lawyer Kaumbi Kioga. In both cases, the court found that 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,” Justice Kassan stated in his ruling.
He added, “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.”
Justice Kassan directed the parties to report progress during a mention on October 2, 2024, for further directions.
