The political storm steered up by Chief Justice David Maraga continues to create a wider rift in Kenya’s political field as constitutional experts offer their different perspectives following the unprecedented announcement by the CJ.
Former Justice and Constitutional Affairs Minister in Kibaki government Martha Karua took to twitter to give her two cents on the interpretation of Maraga’s advisory, something that did not go down well with a section of male members of parliament.
In her interpretation, the former Gichuru MP and Narc Kenya party leader said that the president is obligated to enforce Maraga’s advisory to dissolve parliament for failing to adhere to 2/3 gender rule.
“According to Black’s Law Dictionary, the term “shall” is defined as follows: … In common or ordinary parlance, and in its ordinary signification, the term “shall” is a word of command, and one which has always or which must be given a compulsory meaning: denoting obligation.” Karua tweeted.
Her tweet elicited angry reactions from a section of Mps, with Homa Bay Town legislator Peter Kaluma telling Karua off, accusing her of trying to dictate to Kenyans to elect women legislators to fulfil the 2/3 gender rule.
Kaluma’s rejoinder was short and explicit: stop making noise big sister.
You served as Minister for Justice & Constitutional Affairs and failed to realise the 2/3 gender rule. Stop the noise big sister. You can't dictate to Kenyans who to elect. https://t.co/2jdV2dah1x
— Hon. George Peter Kaluma (@gpdkaluma) September 23, 2020
“You served as Minister for Justice & Constitutional Affairs and failed to realise the 2/3 gender rule. Stop the noise big sister. You can’t dictate to Kenyans who to elect.” Kaluma reacted to Karua’s tweet.
The ODM Mp’s comment forced Karua to defend herself against accusations that she failed to implement the gender rule after the 2010 constitution promulgation.
In her defence, Karua accused Kaluma of making false statements saying: “Deliberate falsehood! I resigned a year before this constitution was enacted.”
Yesterday, National Assembly Speaker Justin Muturi said that the Parliamentary Service Commission will move to court to challenge Chief Justice David Maraga’s advice to President Uhuru Kenyatta to dissolve Parliament.
The CJ on Monday through an advisory letter, had said that it was his constitutional duty to advise Uhuru and called for dissolution of Parliament in response to six petitions seeking his advice on the matter.