PSC to challenge Maraga as pressure mounts on Uhuru to dissolve Parliament

The Parliamentary Service Commission will move to court to challenge Chief Justice David Maraga's advisory as pressure mounts on President Uhuru Kenyatta to dissolve Parliament.

PSC chair Justin Muturi, who is also the speaker of the National Assembly, said the advisory over failure of Parliament to effect the two-thirds gender rule is ill-advised, premature 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.

Meantime, the Centre for Multi-Party Democracy, the Institute for Social Accountability and female MPs urged the President to heed to the advice of the Chief Justice.

CMD executive director Frankline Mukwanja said the law does not give the Chief Justice or the President leeway on when and how to implement the constitutional provision on the two-thirds gender principle.

It requires that no more than two-thirds of any elected or appointed public body shall be of the same gender. 

“Equality is about 50:50 and the two-thirds gender principle is the bare minimum set by the Constitution,” he explained.

Institute for Social Accountability director Wanjiru Gikonyo said those demanding implementation of the two-thirds gender rule are not asking for a favour.

“Why do we want to dilly-dally at the expense of implementing the Constitution?” she asked.

She added, “Political impunity and lack of respect for the Constitution are  what ails the country under the Jubilee administration.”

Uasin Gishu Women Representative Gladys Boss Shollei and constitutional lawyer Abdikadir Mohammed also said the President should indeed dissolve Parliament.

“There is no room for anyone to go to court to challenge the advisory by the Chief Justice for Parliament to be dissolved. This matter was already in court six times over the last 10 years,” Shollei said.

She said the Constitution is the supreme law and leaders must do what it says.

Mohammed said, “The President must obey court orders to dissolve Parliament. Parliament had the opportunity to correct this gender issue. Ten years down the line, the Chief Justice in his wisdom thinks time is up and something should happen.”

Narc Kenya leader Martha Karua called on Uhuru to follow Maraga’s advice and dissolve Parliament.

The Kenya Women Parliamentarian Association led by Kiambu Woman Representative Gathoni Wamuchomba said there has been lack of political goodwill to enact the gender rule.

However, Muturi said the commission was disappointed by the Chief Justice for “ignoring fundamental issues that go to the root of the fabric and structure of our Constitution in advising the President to dissolve Parliament”.

He said the Chief Justice glossed over the fact that there are two High Court petitions set for hearing on October 7 over the matter.

“It is therefore premature for the CJ to take this action while the High Court is yet to determine the matter,” he said.

Muturi said the Senate and the National Assembly will engage lawyers immediately to challenge the “unlawful and unconstitutional action taken by the Chief Justice.

“In the meantime, the PSC is convinced that the present matter shall be resolved lawfully and calls for clam and sobriety to avert the kind of national anxiety and despondency that the action of the Chief Justice could elicit,” he added.

Joining Muturi were National Assembly Majority leader Amos Kimunya, MPs Aisha Jumwa, Adan Keynan and Senators Aaron Cheruiyot and George Khaniri.

CMC's Mukwaja said, however, leaders should not create excuses for not implementing the Constitution Kenyans passed when it comes to honouring equality and human rights of women.

“The excuses are a diversion to the implementation of this very important principle,” he said.

(Edited by V. Graham)