Chief Justice David Maraga has asked President Uhuru
Kenyatta to dissolve the National Assembly for failing to enact a legislation
on the two-thirds gender rule as required.
Maraga, in his advisory to President Kenyatta, said this is in line with Article 261(7) of the Constitution which required the necessary law to be passed to realise the gender requirement.
He said the mechanism for dissolution of Parliament is a radical tool that Kenyans wished for to push the political class to fully operationalise transformation envisoned by the Constitution.
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"Let us endure pain if only to remind the electorate to
hold their parliamentary representatives accountable," said Maraga during
a media briefing.
The CJ received petitions seeking dissolution of Parliament from Law Society of Kenya (LSK) and five others, who argued that MPs had deliberately refused to enact the two-thirds gender law.
It remains to be seen if the Head of State will act on the
advisory of Maraga, who also heads the Supreme Court, and if the August House will
challenge the move in the corridors of justice.