Chief Justice David Maraga has sought dissolution of the 12th Parliament in writing to President Uhuru Kenya requesting that MP’s be sent home for failing to pass the two third gender law. He invoked the last resort provision in the constitution following a petition brought by civil society groups.
The constitution now expects President Kenyatta to act on the advise by the CJ and dissolve the parliament.
In support of his motion, Maraga said Despite 4 court orders compelling parliament to enact the legistlation required to implement the two thirds gender rule, parliament has blatantly failed, refused and/or neglected to do so”. He continued to reiterate that although this act will cost the country, it is the cost of constitutional democracy. His advise, he further claims is his duty to adhere to article 261 section 7 of the constitution.
Members of the national assembly have differed on the floor of the house concerning the move by chief justice David Maraga to have president Uhuru Kenyatta to dissolve parliament. Most women MPs led by Millie Odhiambo supported Justice Maraga and urged her colleagues to debate the matter soberly and be ready incase of an decision made by President Uhuru.
MPs Aden Duale, Chris Wamalwa and Adan Kaynan however dismissed the proposal adding that there is no guarantee of electing more women in parliament incase of an election.
National assembly Speaker Justin Muturi says the Parliamentary Service Commission, intends to move to the High Court, to challenge Chief Justice David Maraga’s advisory, on dissolution of Parliament. “The Chief Justice’s proposal is not practical, considering the existing laws, ” said Muturi. Muturi argued that, even if fresh elections were held in parliament, there is no guarantee, that the two third gender rule, will be achieved.