Chief Justice David Maraga has called for the dissolution of Parliament for failing to pass the two-thirds gender rule for over nine years.
Maraga wrote to President Kenyatta on Monday advising him to disband the August House over refusal to comply with a court order requiring MPs to enact a law for the implementation of 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 a clear testimony of Parliament’s lackadaisical attitude and conduct this matter,” Maraga said.
Citing the constitutional powers vested on him, Maraga advised the president to dissolve the Senate and the National Assembly.
“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.”
“We must never forget that more often than not, there is no gain without pain,” Maraga adds in the letter.
Maraga made the advisory to President Kenyatta following the filing of six petitions seeking his advice on the matter.
“The petitions are based on the ground that despite four court orders compelling Parliament to enact the legislation… Parliament has blatantly failed, refused, or neglected to do so….” Maraga said.
“…let us endure pain if only to remind the electorate to hold their Parliamentary representatives accountable…being a democracy that has chosen to be governed by the rule of law, we must say no to impunity and hold everyone accountable for their actions or missions.”