Arise Media 
BY MUGO MWANIKI
The High Court has dissolved the Meru County Public Service Board for failing to comply with the constitutional two-thirds gender rule, marking a major legal victory for gender inclusivity.
Justice H.M. Nyaga upheld an earlier ruling by Justice Linus Kassan, which declared the board’s composition unconstitutional due to inadequate gender representation as provided in Articles 27(8) and 175(c) of the Constitution.
Despite being given six months from March 1 last year to rectify the imbalance, the board failed to act, prompting Justice Nyaga to order its dissolution.
“To ensure compliance with the two-thirds gender rule and in accordance with the judgment of this court, the board is hereby dissolved,” ruled Justice Nyaga.
He further directed the Governor to appoint a selection committee to form a new board that meets constitutional standards.
The case stemmed from a petition by Earnest Kimaita, who questioned the legality of the board’s composition.
The board members in question were Julius Mitu (Chairman), Justus Arithi, Hellen Nkirote, Martin Mutuma, Julius Gitonga, Mbaabu M’Inoti, and Virginia Miriti, its Secretary-cum-CEO.
Justice Nyaga emphasized that the board had ample time to comply with Justice Kassan’s initial directive but failed to do so.
“The board was supposed to comply with the gender representation rule by the end of August last year, but as of September 19, 2024, no changes had been made,” he stated.
This ruling reinforces the judiciary’s commitment to upholding constitutional mandates on gender equality and sets a precedent for public service boards across the country.
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