Chief Justice David Maraga has written to President Uhuru Kenyatta advising him to dissolve Parliament over its inability to pass the two-thirds gender rule.
CJ Maraga, in his unprecedented move, says that Parliament has refused to comply with the High Court order to enact legislation required to implement the two-thirds gender rule for over nine years.
“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,” says the President.
As a result, the Chief Justice says, in keeping with the Constitution which gives him the powers to advise the President to dissolve Parliament.
“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,” he adds.
“It is my constitutional duty to advise you, the President of the Republic of Kenya, which I hereby do, to dissolve Parliament.”
Knowing how major the President’s decision would be if he was to agree with his advice, CJ Maraga says “We must never forget that more often than not, there is no gain without pain.”