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Lobby groups give Uhuru ultimatum on two-thirds gender rule

Law Society of Kenya (LSK) President Nelson Havi (front podium) addresses a press conference on October 7, 2020 along with members of two other lobby groups. 

Photo credit: Francis Nderitu | Nation Media Group

President Uhuru Kenyatta has been given up to October 12 to dissolve parliament by the Law Society of Kenya, the United Green Movement party and the #Weare52pc group.

Their demands follows Chief Justice David Maraga’s advisory to the Head of State to dissolve the House over failure to enact the two-thirds gender rule. 

They said they would be issuing both the National Assembly and Senate with a notice to vacate parliament on October 12.

“Parliament must be dissolved or occupied effective October 12, 2020.  The CJ does not act on his own but on behalf of the Kenyan people and when the president is required to dissolve parliament, he does not do it as fiat but as a delegate of the people of Kenya. If he fails to do so in accordance with the will of Kenyans, he has violated the Constitution,” LSK President Nelson Havi said yesterday.  

He blamed the executive arm of government for failing to disburse Sh500 million to the Judiciary to enable optimum service delivery through e-filing and electronic court. 

He also accused the president of violating the Constitution for his refusal to swear in 41 judges, a problem that has persisted for almost a year now.

State organs were also faulted for constantly being at war with each other. 

"It should concern you that several state organs, agencies are suing each other before one state organ. That the Attorney General will originate a case against the CJ, the speakers of both houses and on the other side the speakers of both houses will originate another claim against the AG and the CJ,” he added.

Join push for new leadership

The lobbies have called on Kenyans to join them in their quest to push for dissolution of parliament and election of a fresh group of eligible leaders.

Ms Aisha Ali Haji, a member of the #Weare52pc group, termed the High Court case filed by government seeking to halt dissolution of parliament as an attempt to subvert Constitutional order. 

“The court case is merely to permit the connivance of an illegal cabinet and an illegal parliament to continue their politics of patronage and misuse of public resources. We shall continue to demand the dissolution of parliament and the resignation of cabinet,” she said. 

Ms Marilyn Kamuru, also from #Weare52pc, clarified that the advisory given by CJ Maraga was perfectly in line with the Constitution and should not be challenged in court. 

“The advisory given by CJ Maraga is not in question, the only thing that should be in question is the unlawfully constituted parliament that has failed to meet the dictates of the Constitution and should be dissolved,” Ms Kamuru said.  

Jonathan Mueke, the former Nairobi Deputy Governor who is also the co-party leader of the United Green Movement, said that they support the dissolution of parliament as the current crop of MPs failed to enact the two-thirds gender rule over the past 9 years.

LSK president Nelson Havi (centre) shares a light moment with Marilyn Kamuru (right) and Jonathan Mueke (left). 

Photo credit: Francis Nderitu | Nation Media Group

He also bashed the government for its huge borrowing appetite, saying this has left the country reeling under the weight of mounting public debt. 

“The president of Kenya has until October 12, to dissolve parliament. It is our considered view that his answer lies in Article 2 (3) of the Constitution that the “validity of the legality of this constitution is not subject to challenge by or before any court or other state organ,” Mr Mueke said.