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Tuesday September 22, 2020 – Chief Justice David Maraga has directed President Uhuru Kenyatta to dissolve Parliament for failing to enforce the two-thirds gender rule.

The move could render the 418 lawmakers including 349 at the National Assembly and 67 in the Senate, jobless.

According to Maraga, the decision will cause inconvenience and economic hardship, but it is the radical remedy Kenyans desired to incentivize the political elite to adhere to and fully operationalize the transformation agenda of the Constitution.

“Let us endure the pain, if we must if only to remind ourselves, as a country, that choices, and particularly choices on constitutional obligations, have consequences,” Maraga told the President.

The two-gender rule is provided for in Article 27 of the 2010 Constitution and is generally aimed at ensuring gender parity and fairness in appointments.

The Chief Justice said failure to enact the gender law had shown the lackadaisical attitude and conduct of Parliament in the matter.

He held that Parliament failed to pass the gender rule despite seeking the extension of the deadline twice.

“Your Excellency, Parliament, once again, failed to enact the requisite legislation thus provoking the six petitions before me requiring me to advise you to dissolve it,” Maraga said.

Maraga argued that he was not contravening provisions of the Constitution and that he was acting under Article 261(7) of the Constitution.

“Let us endure pain if only to remind the electorate to hold parliamentary representatives accountable.”

“Let us endure pain if only to remind ourselves that, as a country, 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 or omissions,” said Maraga.


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