Is Kenya going back to the drawing board? Chief Justice Maraga yields the stick back to the President.
“Your excellency, it is my constitutional duty to advise you, the president of the Republic of Kenya, which I hereby do, to dissolve the parliament in accordance with article 261(7),” declares Chief Justice as he asks the Head of State to send members of Parliament (MPs) and Senators home for failing to enact two-thirds gender rule.
The state from the Chief Justice created a major constitutional crisis as things unfolded yesterday. The of failure to ensure the implementation of article 261(7) of the constitution for the Chief Justice was an utter failure by the parliament to do their assigned roles (the enactment of the two-thirds gender rule).
Pundits say Kenyan President Uhuru Kenyatta has no option than to dissolve the current parliament.
If this dissolution comes to indeed happen, it will render the current laws enacted by the Senators null and void.
Politician Zamba Kitonga, said that the directive to dissolve parliament is mandatory from article 261 says its mandatory with no options either. Senator Orengo added that Maraga’s advice is momentous and probably historic from a constitutional standpoint.
This statement of advice has blatantly caused uproar and mixed reactions among the Kenyan populace. The two-thirds gender rule was supposed to be enacted within a 5 years tenure after the last two elections, but for over 9 years now, parliament has not made the move to do the needed legislation for the implementation of the two-thirds gender rule.
CJ Maraga further said that his statement has been drawn by the failure of the MPs to enact the gender rule despite the four court orders issued and six petitions registered in court.
However, there was shift blame by the leaders. Some MPs say that despite the huge attention that has been placed on Parliament, gender parity compliance on the part of the executive especially the cabinet, and also at the Judiciary, including in the supreme court has not been met. So for them it isn’t just for Parliament alone to enact the bill, but all the arms of government.
So now I ask, which way Kenya?
Phyllis is a writer, web developer, and events planner currently living in Nairobi, Kenya. Her interests range from technology to rugby. She is also interested in feminism and community development.