Kenya’s PSC Moves to High Court to Challenge CJ Maraga’s Advisory to President to Dissolve Parliament Terming it Unlawful and Unconstitutional

Kenya’s PSC Moves to High Court to Challenge CJ Maraga’s Advisory to President to Dissolve Parliament Terming it Unlawful and Unconstitutional

The Parliamentary Service Commission will move to court to challenge Chief Justice David Maraga’s advice to President Uhuru Kenyatta to dissolve Parliament, National Assembly Speaker Justin Muturi has said.

Speaker Muturi while speaking to journalists at Parliament buildings on Tuesday, September 22, faulted the CJ terming the advisory as unlawful and unconstitutional.

“The commission regrets that the Chief Justice appears to be willing, even eager to plunge the country into a constitutional crisis without exercising the wisdom and circumspection that is expected of the high office he holds,” he said

Kenya’s PSC Moves to High Court to Challenge CJ Maraga’s Advisory to President to Dissolve Parliament Terming it Unlawful and Unconstitutional
Kenya’s Parliamentary Service Commission

“As PSC, we have this morning agreed to move to the high court to challenge the decision of the CJ in advising the president to dissolve parliament. It is our considered view that the decision was incongruous with other efforts being made to address the issue.”

The President of the Supreme Court of Kenya had on Monday advised the Head of State to dissolve the August House over its failure to enact legislation required to implement the two-thirds gender rule.

On Monday, September 21, Muturi had told CJ Maraga that it was not practical to dissolve parliament for not meeting the two-thirds gender rule as envisaged in the constitution.

In a 5 page opinion, National Assembly Speaker Justin Muturi says “the clamour for dissolution of the current Parliament on account of failure to enact the two-third gender legislation is at the very least, unrealistic.”

“Given that legislators decide through voting in Parliament, this would in essence mean that there are an additional 100 votes of nominated women legislators, yet these legislators are not a direct expression of the will of the people. That elected legislators wield more legitimacy relative to nominated legislators can be deduced from article 123 of the Constitution with respect to voting in the Senate,” he said.

The CJ on Monday through an advisory letter, had said that it was his constitutional duty to advise Uhuru and called for dissolution of Parliament in response to six petitions seeking his advice on the matter.

“The petitions are based on the ground that despite four court orders compelling Parliament to enact the legislation… Parliament has blatantly failed, refused, or neglected to do so….” Maraga said.

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