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CJ Maraga Disrupts Parliament – Advices President to Send MP’s Home

CJ Maraga Disrupts Parliament – Advices President to Send MP’s Home 

In what could be called the most shocking ruling from Kenyan courts, Chief Justice David Maraga has opined that the President must dissolve parliament.

This is after parliament has failed through it’s 7 year term to enact the 2/3rds gender rule in the Kenyan constitution.

It is incontestable that Parliament has not complied with the High Court order, As such, for over 9 year 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 judgement, it is clear testimony of Parliament’s lackadaisical attitude and conduct in this matter. Consequently, it is my constitutional duty to advise Your Excellency to dissolve Parliament under Article 261 (7) of the Constitution.” Capital FM

High Court Finds Parliament is Unconstitutional

On March 30th 2017, Kenya’s High Court found that the country’s Parliament had violated women’s right to equality, and freedom from discrimination.

It had done this by refusing to enact legislation to enforce the principle that requires not more than two thirds of its members be of the same gender.

The court had directed Parliament to ensure that the legislation was enacted within 60 days. The 60 days have lapsed and there has been no word from the House. The consequence is that Parliament now stands on the verge of dissolution for failing to meet the constitutional gender threshold.

The Chief Justice said he was in receipt of five petitions asking him to render the advice on dissolution of Parliament. This would include the petition from

“There is no doubt that the dissolution of Parliament will cause inconvenience and even economic hardship. The fact that Kenya is in the midst of the Coronavirus pandemic only exacerbated the potential impact of the decision. Yet that is a clear result Kenyans desired for Parliament’s failure to enact legislation they deemed necessary . We must never forget that more often than not, there is no gain with pain,” said the Chief Justice.

What’s Next for President Uhuru Kenyatta

With the refusal of the National Assembly to enact the Gender Bill, the constitutional obligations of the chief justice and the president are unambiguous. Chief Justice David Maraga is required to advise President Uhuru Kenyatta to dissolve parliament, and the president is obligated to do so.

One can only hold their breath that President Uhuru would dissolve parliament. He is remembered for the infamous “we shall revisit” statement with the Judiciary. Maraga’s term is also coming to an end in November. Some suggest that his decision is statement is based on the fact that he’s leaving his legacy.

Other’s suggest that though he had a right to offer his opinion, he went about it illegally.

While others believe that this is his most significant ruling

What is not in doubt is that CJ Maraga’s ruling will be the talk of the political class for the coming weeks.

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