CJ David Maraga wants Parliament to be dissolved over gender rule failure

 

Chief Justice David Maraga. FILE

 

Chief Justice David Maraga writes to President Uhuru Kenyatta requesting him to dissolve Parliament over its failure to reach the two-thirds gender rule.


CJ Maraga, in his unusual move, says that Parliament has declined to comply with the High Court order to pass legislation needed to implement the two-thirds gender rule for over nine years.


“It is incontestable that Parliament has not complied with the High Court order in Constitutional Petition No. 371 of 2016, " he stated.


"As such, for over 9 years now, Parliament has not passed the legislation needed to achieve the two-thirds gender rule which, as the Court of Appeal noted in its said judgement, is a vivid testimony of Parliament’s dull attitude and conduct this subject,” says the JSC chief.


The Chief Justice added that in keeping with the Constitution which gives him the powers to approve the President to suspend Parliament.


“If Parliament fails to enact legislation following an order under clause (6)(b), the Chief Justice shall advise the President to dissolve Parliament and the President shall dissolve Parliament,” he adds.


“It is my constitutional duty to advise you, the President of the Republic of Kenya, which I hereby do, to dissolve Parliament.”