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Chief Justice David Maraga will battle it out with parliamentarians at the High Court as Parliamentary Service Commission seeks to overturn his resolve to have parliament dissolved.
National Assembly Speaker Justine Muturi has said PSC has moved to the High Court to challenge CJ Maraga's advisory to the President to dissolve the parliament.
Maraga had found parliament to be unlawfully and unconstitutionally operation due to its failure to implement the two-thirds gender rule.
"The Parliamentary Service Commission has resolved to engage counsel to immediately proceed to the High court to challenge the unlawful and unconstitutional action taken by the Chief Justice," stated Muturi on Tuesday.
The resolution came just a day after Muturi had termed Maraga's declaration unrealistic.
Muturi said that decisions made in Parliament are subjected to 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 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.
Siaya Senator James Orengo termed CJ Maraga's letter to the head of state as a great test for the country.
"CJ Maraga’s advice to the President to dissolve parliament is momentous. Probably the most significant and historic from a constitutional standpoint. How we apply foundational principles and values of the rule of law and constitutionalism is now the big test," stated Orengo.
A host of leaders have dismissed Maraga's stand saying the move was impractical.
