A group of leaders ar a past event. [Courtesy]
On Monday, Chief Justice Daivid Maraga wrote to President Kenyatta advising him to dissolve Parliament pursuant to Article 261(7) for failing to enact laws aimed at achieving the two-thirds gender rule.
“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.
Orengo and Martha Karua’s take on the calls for dissolution
Reacting to the CJ’s call for dissolution of Parliament, Siaya Senator James Orengo said : “CJ Maraga’s advice to the President to dissolve parliament is momentous. Probably the most significant and historic from a constitutional standpoint. How we apply foundational principles and values of the rule of law and constitutionalism is now the big test.”
On her Part, Narc-Kenya Party leader Martha Karua said: “ The advise is legally sound and the president @StateHouseKenya has no option but to dissolve parliament. Anything less will be subversion of the constitution."