Odinga asks President Uhuru to consult on Maraga’s proposal

ODM Party Leader Raila Odinga [Photo: The Star]

September 24th 2020 – Orange Democratic Movement (ODM) party leader Raila Odinga, has asked President Uhuru Kenyatta to consult widely before taking any action on the proposal by Chief Justice David Maraga to dissolve parliament. 

In a statement, Raila also questioned how the dissolution of parliament would solve the two-third gender rule adding that relevant advisory bodies of government will need to have consensus on the way forward.

While we all have different opinions on the desirability or even wisdom of the action proposed,  we have all been ushered into circumstances that require a consensus on the way forward failing which we may throw away the baby with the bathwater,” said Odinga.

 He also blamed the national assembly for failure to pass the law severally despite his lobbying and that of president Uhuru on ODM and Jubilee legislators respectively.  

Chief justice David Maraga on Monday proposed to President Uhuru Kenyatta to dissolve parliament for failing to pass the two-thirds gender rule according to the fifth schedule of the 2010 constitution.

The national assembly had five years to implement the law but failed four times following a boycott majorly from male MPs. 

The bill needed more than 233 MPs to pass but the implementation still remained a challenge. 

Earlier this week, the Chief Justice, David Maraga, has advised President Uhuru Kenyatta, to dissolve the parliament, for failure to enact, the two-thirds gender rule. In his letter to the president, Maraga pointed out that he acted according to article 261, subsection (7) after six petitions were filed in the court, seeking the action of parliament. 

In an advisory dated September 21, Maraga said he was responding following six petitions seeking his advice on the matter.

“The petitions are based on the ground that despite four court orders compelling Parliament to enact the legislation… Parliament has blatantly failed, refused, or neglected to do so,” said Maraga.

The two-thirds gender rule, says that both the national assembly and the senate, should not have a composition, of more than two-thirds of their members, from one gender. 

 In a bid to meet the threshold, the constitution introduced  47 women MPS.  The  numbers  were  however too low after constituencies were added to 290, from the previous  210.

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