President Uhuru Kenyatta and CJ David Maraga at a past event. [Courtesy]
Chief Justice David Maraga has written to President Uhuru Kenyatta advising him to dissolve Parliament pursuant to Article 261(7) for failing to enact laws aimed at achieving the two-thirds gender rule.
In a letter dated September 21, Maraga noted that he made the decision to write the President requesting for dissolution after receiving six petitions on the issue.
"The petitions are based on the ground that despite four court orders compelling Parliament to enact the legislation... It is incontestable that Parliament has not complied with the High Court order in Constitutional Petition No. 371 of 2016. As such, for over 9 years now, Parliament has not enacted the legislation required to implement the two-thirds gender rule which, as the Court of Appeal observed in its said judgment, is clear testimony of Parliament’s lackadaisical attitude and conduct this matter," he said.
According to CJ Maraga, calling for the dissolution is within his powers as Chief Justice, and falls within his duty to advise the president.
"If Parliament fails to enact legislation in accordance with an order under clause (6)(b), the Chief Justice shall advise the President to dissolve Parliament and the President shall dissolve Parliament… It is my constitutional duty to advise you, the President of the Republic of Kenya, which I hereby do, to dissolve Parliament," Maraga's statement read in part.