Muturi shoots back after Maraga calls for Parliament's dissolution

Speaker says it's unrealistic to call for dissolution.

In Summary

•Muturi said Parliament should not be used as a punching bag, further adding it was 'unrealistic' to call for its dissolution for failing to enact the gender law.

•"We must not lose sight of the real challenges in implementing this matter and turn Parliament into a punching bag on account of gender parity," he said in a statement on Monday.

National Assembly Speaker Justin Muturi
National Assembly Speaker Justin Muturi
Image: FILE

National Assembly Speaker Justin Muturi has fired back after Chief Justice David Maraga advised President Uhuru Kenyatta to dissolve Parliament for failing to enact the Two-Thirds gender rule.

Muturi said Parliament should not be used as a punching bag, further adding it was 'unrealistic' to call for its dissolution for failing to enact the gender law.

"We must not lose sight of the real challenges in implementing this matter and turn Parliament into a punching bag on account of gender parity," he said in a statement on Monday.

 
 
 

He further said, "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.

In an advisory dated September 21, Maraga had 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.

The CJ said it was his constitutional duty to advise Uhuru.

"Let us endure pain if we must..." he said.

Maraga said the 10th Parliament did not have enough time to enact the legislation required to effect the two-third gender rule.

 

According to Maraga, the Supreme Court under former CJ Willy Mutunga had directed Parliament to enact the requisite legislation by August 27, 2015.

The CJ said that several petitions were had been raised challenging Parliament to enact the law.

However, it has failed to enact it despite the Bills presented to it.

"Parliament, once again, failed to enact the requisite 

Maraga added that the two-third gender rule is the acronym for the constitutional imperative which prohibits any form of discrimination in the appointment and elective positions in the country on the basis of one's gender.

 

"Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural, and social spheres."