Tuesday September 22, 2020 – Garissa MP, Aden Duale, was among hundreds of Kenyan lawmakers who panicked after Chief Justice David Maraga advised President Uhuru Kenyatta to dissolve Parliament for failing to implement the Two Third Gender rule.

In a statement on Monday, Maraga advised President Uhuru Kenyatta to dissolve Parliament and send all MPs and Senators home.

The CJ said he made the move following six petitions seeking his advice on the matter.

Reacting to the shock move, Duale, who is also the former Majority Leader, said Maraga’s advisory had presented serious Constitutional Questions.

“’The Chief Justice has, pursuant to Art. 261(7) of the Constitution, advised the President to dissolve Parliament on the ground that Parliament has allegedly “blatantly failed, refused and/or neglected” to enact legislation required to implement the two-thirds gender rule. In my view, the dissolution would be a serious affront to the will and sovereignty of the people embodied by Parliament on their behalf,” Duale said.

Duale also said that dissolution would negate the legislative authority conferred on Parliament by the people and would deny the people the opportunity to exercise that authority, thus defeating the very purpose why the people ordained the Constitution for themselves.

“The effect of dissolution of Parliament contemplated in Art. 261(7) would be to prematurely cut short a term of Parliament and thereby precipitate a general election. Art 101(1) clearly indicates that a general election can only be held on the second Tuesday of August every five years,” he said.

Earlier on, Speaker of the National Assembly Justin Muturi hit back at Maraga saying Parliament should not be used as a punching bag.


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