National Assembly Speaker Justin Muturi. [Courtesy]
National Assembly Speaker Justin Muturi has hit out at Chief
Justice David Maraga over his calls for dissolution of Parliament due to
failure of passing the two thirds gender rule.
According to Speaker Muturi, it is unrealistic to call for
the dissolution of Parliament due to the gender rule.
He noted that decisions made in Parliament are subjected t
voting, and as such, no one can be forced to vote in a particular way.
“We must not lose sight of the real challenges in
implementing this matter and turn Parliament into a punching bag on account of
gender parity. The clamour for dissolution of the current Parliament on account
of failure to enact the two-third gender legislation is at the very least,
unrealistic,” he said in part as quoted by The Star.
Maraga Advises Uhuru
to Dissolve Parliament
On Monday, CJ Maraga wrote to President Kenyatta advising him to dissolve Parliament pursuant to Article 261(7) for failing to enact laws aimed at achieving 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 clear testimony of Parliament’s lackadaisical attitude
and conduct this matter," he said.
According to CJ Maraga, calling for the dissolution is
within his powers as Chief Justice, and falls within his duty to advise the
president.
"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," Maraga's statement read in
part.
