LESSONS ON GENDER EQUALITY AND WOMEN’S POLITICAL EMPOWERMENT the next person available on the list of the same gender as the deceased, but it also specified that the list must be reordered to maintain the same gender alternation required under the electoral law. Gender quotas were blatantly weaponized in a recent case in Samoa when the country’s 10 percent gender quota, designed to increase women’s parliamentary representation, was used as an excuse to block the instatement of the country’s first woman prime minister. When the April 2021 parliamentary elections resulted in a razor-thin defeat of the ruling party, the sitting prime minister sparked a political crisis and what some called a “bloodless coup” 26 by appointing another woman member of Parliament (MP) from his party to deadlock the election, on the grounds that the five women MPs out of a total of 51 elected did not meet the 10 percent gender quota. The Supreme Court of Samoa rejected the formula for calculating the 10 percent minimum advanced by the ruling party, noting that it “in our respectful view tantamounts to a pedantic interpretation, becoming excessively concerned with irrelevant details, in an attempt to justify the unlawful addition of the [additional MP] four days after the publication of election results and execution of Warrants of Appointment by the Head of State.” 27 This judgment cleared the way, after additional appeals, for the duly elected prime minister Fiame Naomi Mata’afa to finally take office and make history in July 2021. Another dramatic decision regarding gender quotas was rendered in Kenya in April 2020 when the Chief Justice of the High Court determined that he must “advise the President to dissolve Parliament” for its repeated failure to implement a gender quota, known as the “two-thirds rule.” 28 Parliament was required to enact implementing legislation to operationalize the constitutional mandate, a task they failed to do after more than a decade of delay and despite multiple court orders. Finally, the Chief Justice concluded, “Parliament has not enacted the legislation required to implement the two-thirds gender rule which, as the Court of Appeal observed . . . is clear testimony of Parliament’s lackadaisical attitude and conduct in this matter. Consequently, it is my constitutional duty to advise Your Excellency to dissolve Parliament under Article 261(7) of the Constitution.” 29 This guidance kicked off what some called a potential constitutional crisis in the country. One Kenyan legal scholar noted, “refusal to dissolve parliament . . . will open the president to accusations of breach of the 2010 constitution, and complicity in parliament’s failure to enact the required law . . . the chief justice’s advice will negatively impact the validity and legitimacy of the administration 26 Fiona Ey, Samoa is experiencing a bloodless coup. The Pacific’s most stable democracy is in trouble, The Guardian (May 13, 2021), https://www.theguardian.com/world/2021/may/14/samoa-is-experiencing-a-bloodless-coup-the-pacifics-most-stable-democracy-is-in-trouble 27 Supreme Court of Samoa, Faatuatua I Le Atua Samoa Ua Tasi (F.A.S.T. Party) v. Electoral Commissioner, MISC 80/21 (May 17, 2021), https://talamua.com/wp-content/uploads/2021/05/COURT-DECISION-FAST-Party-Anor-v-Electoral-Commissioner-Anor-Decision.pdf 28 See In re Article 27 (3) & (8) of the Constitution of Kenya 2010, S.C.K. (Sept. 21, 2020). Article 27 of the 2010 Kenyan Constitution calls for the elimination of all forms of gender-based discrimination and requires the state to take policy, legislative and other measures, including affirmative actions, to ensure that “not more than two-thirds of the members of elective or appointive bodies shall be of the same gender.” https://electionjudgments.org/en/entity/5hyb1gy3i34 29 Kenya: Parliament Ordered to Enact Legislation Related to Increasing the Number of Female Members, Libr. Cong. (Apr. 19, 2017), https://www.loc.gov/item/global-legal-monitor/2017-04-19/kenya-parliament-ordered-to-enact-legislation-related-to-increasing-the-number-offemale-members/.To ensure the implementation of its provisions, the Constitution imposes procedural and incremental serious substantive consequences of failure to do so. “If Parliament fails to enact any particular legislation within the specified time, any person may petition the High Court on the matter.” See § 261(5). In response to such a petition, the High Court may issue a declaratory order, order Parliament and the Attorney General to comply with the applicable constitutional provision and put the two organs under the supervision of the Chief Justice for the purpose of performing the particular task. See § 261(6). If Parliament fails to follow through, the Constitution states that “the Chief Justice shall advise the President to dissolve Parliament and the President shall dissolve Parliament.” See § 261(7). 10