Dissolving Parliament a burden we cannot bear
What you need to know:
- Opinion is deeply divided over the advisory in which the Chief Justice has asked President Uhuru Kenyatta to dissolve the House.
- Justice Maraga based his opinion on the events of the past decade, during which motions to pass the two-thirds gender rule flopped several times in Parliament.
- But the advisory has serious political, economic and social implications.
Chief Justice David Maraga has struck a deadly blow on Parliament for its failure to enact a law that would have enforced the gender rule.
Opinion is deeply divided over the advisory in which the Chief Justice has asked President Uhuru Kenyatta to dissolve the House in accordance with Article 261 (7) of the Constitution.
Justice Maraga based his opinion on the events of the past decade, during which motions to pass the two-thirds gender rule flopped several times in Parliament. Similarly, advisories by the courts and the then-Attorney-General, Prof Githu Muigai, were roundly ignored.
The debate about equitable representation of women in decision-making positions has consumed the collective mind of Kenyans for a long time. It is a constitutional requirement but practically difficult to implement due to the way our politics is organised and transacted. Men dominate political parties, which conduct nominations. The nomination process is heavily skewed against women. Money, violence, manipulation and deceit are the currency of the business. All these work against women.
Matters are made worse by the fact that, due to the defective electoral processes, men end up taking up more seats in Parliament and, in turn, as has been observed throughout the past decade, undermine attempts at passing the requisite law to redress the imbalance. Precisely, that is the trigger that compelled CJ Maraga to deliver the unprecedented opinion.
But the advisory has serious political, economic and social implications. Dissolving Parliament means another election just three years after the previous one. It also comes as the country mulls over conducting a referendum on the proposed constitutional changes under the Building Bridges Initiative (BBI). Add to that the carnage of the Covid-19 pandemic and the obtaining scenario is petrifying.
The CJ’s advisory is likely to precipitate a constitutional crisis; hence, President Uhuru Kenyatta has to consult widely and carefully on how to navigate and get the matter resolved. In broader terms, there is a reason to review some of the constitutional provisions, which, though noble, are impractical.
