There was a heated debate before the national assembly chambers on Tuesday afternoon, after MPs came together to debate on Chief Justice David Maraga’s advice to President Uhuru Kenyatta to dissolve parliament.
Rising one after the other, the MPs hit hard on the CJ, blaming him of acting out of bad faith in his Monday’s advice to Uhuru to have the national assembly dissolved over its inability to enact the two-third gender rule.
Leading the pack of throwing chaps at Maraga, was Suba South MP John Mbadi. The MP, while expressing his confidence that President Uhuru will not take heed to Maraga’s advice, blamed a section of women leaders, saying they had greatly contributed to the downfall of the two-third gender rule before the floor of the house.

While indirectly referring to Suba North MP Millie Odhiambo, Mbadi accused the women leaders of making the loudest noises in the house supporting Maraga’s advice, while they had done little to ensure the bill is enacted.
Mbadi observed that the Building Bridges Initiative, BBI was the only option to address such contradictions and inconsistencies in the 2010 constitution.
In particular, Mbadi argued that the retirement age of the Chief Justice and other Judiciary officials should be reduced from 70 to 60 like any other civil servants.
He said the country should amend the constitution so as not to allow the Chief Justice to make such critical mistakes during their final years in office, which he said will leave the country in confusion.
“The only route to solving this issue is BBI… Why should lawyers and other judiciary judges be allowed to stay in a public office up to 70 years? If you are heading to 70, then you should be allowed to retire and allow other lawyers like Otiende Omollo to take over.
Even if this parliament is dissolved, the next election will bring more men…The issue of gender parity can only be solved through a referendum – MP John Mbadi pic.twitter.com/NCZcSZyHn2
— NTV Kenya (@ntvkenya) September 22, 2020
His sentiments followed remarks made by MP Millie Odhiambo, who stood to her ground to defend the chief justice David Maraga’s decision.
According to Millie Odhiambo, Maraga’s decision to advise Uhuru to dissolve parliament was justified since parliament had decided to thrash the bill on many occasions, hence the need for a different authority to act.
She added that the CJ made the decision based on Article 261(7) of the constitution and was actually not anything personal from the CJ’s side.
“I have said from the onset that I agree with CJ Maraga’s decision…it is nothing personal and if we really want to help this country, let us depersonalise the attacks against the CJ because he is doing his work…I am an activist of gender and I have no apology to that” stated MP Millie Odhiambo.
"I agree with CJ Maraga's decision…it is nothing personal and if we really want to help this country, let us depersonalise the attacks against the CJ because he is doing his work." – MP Millie Odhiambo pic.twitter.com/TUeej5oy60
— NTV Kenya (@ntvkenya) September 22, 2020
She urged the house to restrict personal attacks against the CJ, saying he was carrying out his duties as directed by the constitution.
The PSC has already expressed desires to challenge Maraga’s decision at the High Court. Parliamentary Service Commission has accused Maraga of wilingliness to plunge the country into a constitutional crisis.
I agree with Mbadi. Why would we allow judges to retire at 70yrs? Are they special? Are their brains more functional than brains of other professionals in other fields who retire at 60yrs? This an important debate. Lawyers (read judges) should retire at 60yrs.
— Lord Abraham Mutai (@ItsMutai) September 22, 2020
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