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Tuesday September 22, 2020 – Renowned scholar and political analyst, Prof Makau Mutua, has condemned a move by Chief Justice David Maraga to ask President Uhuru Kenyatta to dissolve Parliament for failing to enact the Two Third Gender rule.
On Monday, Maraga advised the President to dissolve Parliament, in line with Article 261(7) of the Constitution, for its failure to enact legislation on the two-thirds gender rule.
In his advice to the President, the CJ said that the mechanism for the dissolution of Parliament, irrespective of the consequences, is the radical remedy that Kenyans desired to incentivize the political elites to adhere to and fully operationalize the transformational agenda of the Constitution.
But reacting to Maraga’s move, Prof Makau, who is a distinguished Professor of law at Buffalo Law School in New York, said Maraga should have consulted widely before asking the President to dissolve Parliament.
“The precipitate and abrupt invocation of momentous constitutional powers — no matter the reason — is unwise and can be ruinous in a young fragile democracy. CJ @dkmaraga should’ve engaged the public and the political branches before issuing the DISSOLUTION “edict.”, Prof Makau said.
The Kenyan DAILY POST