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According to Speaker Justin Muturi, Parliament should not be used as a punching bag...

National Assembly Speaker Justin Muturi. [Courtesy] 

National Assembly Speaker Justin Muturi has hit out at Chief Justice David Maraga over his calls for dissolution of Parliament due to failure of passing the two thirds gender rule.

According to Speaker Muturi, it is unrealistic to call for the dissolution of Parliament due to the gender rule.

He noted that decisions made in Parliament are subjected t voting, and as such, no one can be forced to vote in a particular way.

“We must not lose sight of the real challenges in implementing this matter and turn Parliament into a punching bag on account of gender parity. The clamour for dissolution of the current Parliament on account of failure to enact the two-third gender legislation is at the very least, unrealistic,” he said in part as quoted by The Star.

Maraga Advises Uhuru to Dissolve Parliament

On Monday, CJ 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.