Moments after Chief Justice David Maraga called out on President Uhuru Kenyatta to dissolve parliament, Elgeyo Marakwet Senator Kipchumba Murkomen has come out to support Maraga’s sentiments.
Taking to his twitter page, Murkomen urged the president to take heed to Maraga’s advice, saying parliament needs to be dissolved immediately.
“Mr.President now therefore dissolve Parliament. Immediately!” stated Murkomen.
Mr.President now therefore dissolve Parliament. Immediately!
— KIPCHUMBA MURKOMEN, E.G.H (@kipmurkomen) September 21, 2020
While adding that Uhuru had no choice other than to dissolve it, Komen said it was the responsibility of every citizen to go to court and petition against parliament if they feel dissatisfied.
“Nothing stops a citizen from going to the High Court to challenge the advise of the CJ. But as it stands the President has no choice even though he is not time bound,” added Murkomen
Nothing stops a citizen from going to the High Court to challenge the advise of the CJ. But as it stands the President has no choice even though he is not time bound https://t.co/hzcgz3cMCC
— KIPCHUMBA MURKOMEN, E.G.H (@kipmurkomen) September 21, 2020
This was after Maraga on Monday, called on the head of state to act saying parliament had failed to enact legislation required to implement the two-thirds gender rule.
The Chief Justice said he was acting on a total of six petitions filed to have the house dissolved, citing its several failed attempts to enact the gender Bill despite court orders.
“Let us endure the pain if we must…only to remind ourselves, as a country, that choices, and particularly choices on constitutional obligations, have consequences” stated Maraga.
Maraga said it was his constitutional duty as the CJ to advise Uhuru.
“Your Excellency, “the two-thirds gender rule” is an acronym for the constitutional imperative which prohibits any form of discrimination in the appointive and elective positions in our country on the basis of one’s gender,” read Maraga’s letter in part.
The two-Gender rule was one among the businesses Parliament needed to do within five years of the promulgation of the Constitution but has failed nearly a decade later.
Other leaders have also come out to weigh in on Maraga’s sentiments includes the National Assembly speaker Justin Muturi.
Muturi responded to Maraga’s statement to Uhuru, terming the move as ‘unrealistic’ and unwarranted.
“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 noted.
In a 5 page opinion, National Assembly Speaker Justin Muturi says "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."
— Oliver Mathenge (@OliverMathenge) September 21, 2020
On his part, Makueni Senator Mutula Kilonzo Junior termed Maraga’s advice as premature saying the constitution requires for an order to be first issued before the Article 216 clause 7 of the 2010 constitution is invoked.
“The message by CJ for dissolution is premature. Article 216(6) requires an order to be ISSUED. before the clause(7) is invoked . Sen Farhiya & yours truly have a constitutional amendment bill on two thirds gender rule at second reading . The president should RTS the advisory,” read Mutula’s tweet.
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.
— James Orengo (@orengo_james) September 21, 2020
CJ MARAGA has advised the President to dissolve Parliament for failing to pass the 2/3 Gender Law. What a curious but pleasant reading of the law on dissolution of Parliament. The CJ has washed his hands off this matter, but there's doubt he's washed his hands the right way.
— Steve Ogolla (@steveogollaw) September 21, 2020
