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Kenya

Chief Justice David Maraga Asks President Uhuru to Dissolve Parliament

Chief Justice David Maraga Asks President Uhuru to Dissolve Parliament

Chief Justice David Maraga has called for the dissolution of Parliament for failing to pass the two-thirds gender rule for over nine years.

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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.”

Comments (14)

Comments are reviewed before they appear. Please keep it respectful.

  1. sokoraSep 21, 2020

    And if the parliament is dissolved, all lawmakers should not be paid.

  2. imkgoogoSep 21, 2020

    Was this official communication or a statement during a funeral or prayer meeting? If this is an official court ruling, it should be a direction to the executive, and not a request. What does "ask" mean in legal terms?

  3. MackSep 21, 2020

    Maraga does not have the powers to dissolve parliament! He is acting at the direction of tangatanga because they have been cornered! Nothing to worry about ! It was just Maraga talking in a funeral procession in Ogata Rongai! Case closed!

  4. Morris MenyeSep 21, 2020

    The poop constitution should be amended to replace the 2/3 gender rule with qualifications and scrapping of WRs seats.Everybody should equally face the electrorate.Other amendments should be removal of requirements for Kenyans to fund political parties,merging both parliaments,reduction of MPs & MCAs representatives.

  5. Morris MenyeSep 21, 2020

    I keep on wondering how YES voters intended to implement the expensive law.How can anybody force me to vote for a woman?Why do they want free seats if both sexes are equal?Ata Malaya na mashoga huuza milli yao. I only choose a woman to have sex with.Hii ingine ni AKILI MAVI.

  6. LoiseSep 21, 2020

    Your statment morris is a chicken head brain! you are as low as they come. i wont say shame on you since you have no sense of shame and no no right or wrong but i wish you get off our backs

  7. Morris MenyeSep 22, 2020

    The last time we met was at MODERN GREEN.Do you still hawk your wares there or at SABINA JOY?

  8. LucieSep 23, 2020

    You should have kept your mouth shut! Just say you are sorry for your painful insults to all women - beginning with your mother, your sisters, your wife (if any) and all the women of Kenya!

  9. ThuitaSep 23, 2020

    But menye, you voted for Maraga who is making below the belt decisions to dissolve the parliament without thinking about the plight of our children who have missed school for a whole year! What is your damn message? He does not understand the disruption he has caused amidst covid19. This idiot CJ must be the dummiest fella to hold the CJ office! You must be really stupid to insult all women; even more stupider than Maraga himself!

  10. LoriSep 21, 2020

    Maraga is more incompetent than a donkey pulling a mule cart! Can’t wait for January 2021 for him to go!

  11. LoiseSep 21, 2020

    Maraga aruha mai na ndiri= what will he do if order not followed arrest them . I think 1/3 women for political position where mwananchi cast the vote was a mistake . cause it means in some constituencies men cannot stand - remove a man put a woman . amend the constitution but not ala BBI

  12. KaranjaSep 21, 2020

    And go

  13. MūgīkūyūSep 21, 2020

    Women have been either a major disappointment OR they have not been able to articulate fully their achievements. They have been reduced to being mouthpieces of the warring parties and not advocates to the sick, rapped children and women. Why do we have women giving births in the streets if they cared?

  14. VivianSep 24, 2020

    Women giving birth in the streets is in major part a men’s business!

    Men are supposed to make sure that good quality medical facilities are available where the future generations are born and nurtured properly!

    So @ mugikuyu, stop your verbal diarrhea and start building proper prenatal facilities where women can deliver our children!

    Bette yet, you can let women to impregnate you so you can carry that baby for nine and 1/2 months, and go deliver it in the streets as you wish while talking shit!

    Wow, what happened to our men to be so irresponsible to a point of denying their responsibilities? Kunyakua Chagaa tu!

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