Tuesday September 22, 2020 – Chief Justice David Maraga has thrown the political class into a state of confusion following his advice to President Uhuru Kenyatta to dissolve Parliament for failing to pass the 2/3 gender laws.
While some politicians retreated privately to come up with a favorable position, it was not easy for Elgeyo Marakwet Senator Kipchumba Murkomen to make up his mind on the verdict and he ended up with conflicting statements.
Minutes after Maraga wrote the letter to President Kenyatta, Murkomen heaped praise on the Chief Justice and advised the Head of State to dissolve Parliament immediately.
“Mr. President now therefore dissolve Parliament. Immediately!”
“I have consistently believed in the mainstreaming of marginalized and minority groups including women and persons living with disabilities.”
“CJ Maraga’s Advise to the President has come at the right time to help the country refocus herself on the respect and full implementation of the Constitution,” stated Murkomen.
The former Majority Leader went as far as mocking his colleagues who questioned Maraga’s action.
However, Murkomen shifted the goal post almost immediately as he appeared to have had a change of mind three hours later.
He said it was unfair for Maraga to call for dissolution of Parliament for not achieving the two thirds gender rule since it did not have powers to amend the Constitution.
“To implement Gender rule you have to amend the Constitution itself not enact legislation.”
“Where did you get power to advise dissolution where there is no provided obligation?”
“How was Parliament expected to enact legislation to cure internal contradictions in the Constitution?”
“In other words to increase the number of MPs for gender rule you must amend Art.97&98 which limits the number of MPs.”
“There is no obligation on the part of MPs to AMEND the CONSTITUTION or face DISSOLUTION.”
“If it was an Act of Parliament I would understand. Constitutional amendment? NO,” he said on Twitter.
Despite his position that the advice was unfair, he went on to say that he was ready for a by election.
The Kenyan DAILY POST