The Parliamentary Service Commission will move to court to challenge Chief Justice David Maraga’s advice to President Uhuru Kenyatta to dissolve Parliament.
PSC chair Justin Muturi, who is also the speaker of the National Assembly, on Tuesday said Maraga’s advice was premature and unconstitutional.
“The commission regrets that the Chief Justice appears to be willing, even eager to plunge the country into a constitutional crisis without exercising the wisdom and circumspection that is expected of the high office he holds,” he said
Muturi on Monday said Parliament should not be used as a punching bag, further adding it was ‘unrealistic’ to call for its dissolution for failing to enact the gender law.
“We must not lose sight of the real challenges in implementing this matter and turn Parliament into a punching bag on account of gender parity,” he said in a statement on Monday.
He further said, “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.”
“Given that legislators decide through voting in Parliament, this would in essence mean that there are an additional 100 votes of nominated women legislators, yet these legislators are not a direct expression of the will of the people. That elected legislators wield more legitimacy relative to nominated legislators can be deduced from article 123 of the Constitution with respect to voting in the Senate,” he said.
In an advisory dated September 21, Maraga had called for dissolution of Parliament in response to six petitions seeking his advice on the matter.
“The petitions are based on the ground that despite four court orders compelling Parliament to enact the legislation… Parliament has blatantly failed, refused, or neglected to do so….” Maraga said.
The CJ said it was his constitutional duty to advise Uhuru.