Kenya: Parliament to Challenge CJ Maraga's Dissolution Bid in Court - Muturi

22 September 2020

Nairobi — The Parliamentary Service Commission (PSC) has resolved to move to the High Court to challenge Chief Justice David Maraga'S advisory to President Uhuru Kenyatta to dissolve Parliament for failure to enact laws to achieve the two-thirds gender rule.

Speaking after chairing the Commission meeting, Speaker of the National Assembly Justin Muturi said the Maraga's advice was ill advised, premature and unconstitutional.

"The Honourable Chief Justice glossed over the fact there are two High Court petitions set for hearing on 7th October to determine, among other issues, whether the order made by Justice Mativo on 9th March 2017 during the tenure of the 11th Parliament is applicable to the 12th Parliament which was elected in August 2017. It is therefore premature for the Right Honourable Chief Justice to take this action while the High Court is yet to determine this matter," Muturi stated.

In his advisory, Maraga recommended the dissolution of the legislature in response to six petitions seeking his advice on the matter which is the acronym for the constitutional imperative which prohibits any form of discrimination in the appointment and elective positions in the country on the basis of one's gender.

Muturi further noted that action ' is a recipe for plunging the country into a constitutional crisis of monumental proportions.

"The Commission regrets that the Rt. Hon Chief Justice appears to be willing, even eager, to plunge the country into a constitutional crisis without exercising the wisdom and circumspection that is expected of the high office that he holds," the Speaker added.

The House argues it is unrealistic for the petitioners to place the sole responsibility of enacting the crucial law on both the Houses.

"I needed to know if anyone among those who petitioned the CJ, has in the individual capacity presented a legislative proposal to either House stating this is the type of law on Gender Rule that I would like to see.

Because the Constitution provides that the State may come up with the legislation. Parliament is not the only state organ, there are others including the Judiciary itself," he said.

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