Chief Justice David Maraga has written to President Uhuru Kenyatta to dissolve the Kenyan parliament. CJ Maraga said this is a result of the house failing to comply with the two-thirds gender rule. The parliament is also accused of failing to enact laws to achieve the two-thirds gender rule.
The head of Kenyan Judiciary acknowledged that it might be painful. He said that is should remind the country that choices, and particularly choices on constitutional obligations, have consequences. CJ Maraga said that it should also remind the electorate to hold their parliamentary representatives accountable. In the letter to President Kenyatta, the Kenyan Chief Justice said that being a democracy that has chosen to be governed by the rule of law, we must say no to impunity and hold everyone accountable for their actions and omissions.
CJ Maraga referenced articles 27 (3) and (8), article 81 (b) and article 261 (7) of the constitution of Kenya 2010.
Petitions received by CJ David Maraga
Maraga told Uhuru that he has received six petitions seeking that he should advise him to dissolve Parliament. The petitions are: Petition No. 1 of 2019 by Margaret Toili which is dated 12th April 2019; Petition No. 2 of 2019 by Fredrick Gichanga Mbugua’h dated 7th May, 2019; Petition No. 3 of 2019 by Stephen Owoko and John Wangai dated 20th November 2018; Petition No. 6 of 2019 by Aoko Bernard dated 18th June 2019; Petition No. 5 of 2019 by Hon. David sudi dated 10th July 2019; and Petition No. 1 of 2020 by Law Society of Kenya.
In the letter, CJ Maraga quoted Article 261 of the Kenyan constitution. This mentions the possible cultural resistance to the transformational ideas on gender equality. Article 261 (7) describes the radical remedy Kenyans desired. This is to incentivize the political elites to adhere to and fully operationalize the transformational agenda of the constitution.
By Ken Ochieng