- Maraga advisory to have the President dissolve Parliament has triggered divisions among women politicians.
- Some want the President to ignore Maraga's advice while others want him to send the MPs home and seek re-election.
Women MPs are at the crossroads following Chief Justice David Maraga's advisory to President Uhuru Kenyatta to dissolve Parliament.
The September 21 dissolution advisory was pegged on failure by the National Assembly to pass laws to ensure two-thirds gender rule for all elected and appointive positions.
While women have in the past been leading aggressive campaigns for the enactment of the elusive two-thirds gender rule, they are now in a catch-22 situation.
If the President dissolves Parliament, there is no guarantee that the elected women legislators will win back their seats while those nominated would have to be reconsidered by the nominating parties.
The women lawmakers are split right in the middle despite pressure from their seniors outside Parliament urging the President to uphold the Constitution and dissolve the august House.
Narc Kenya party leader and former Gichugu MP Martha Karua firmly supports Maraga's advisory and says the President has no option but to dissolve Parliament.
Karua argues that women should push for 50-50 representation in both elective and appointive positions.
She maintains that President Kenyatta is bound to dismiss Parliament on Maraga's advisory, stressing that the "shall"used in the Constitution denotes obligation.
“In common or ordinary parlance, and in its ordinary signification, 'shall' is a command word and one which has always or which must be given a compulsory meaning,” Karua said on Wednesday.
As the reality of Chief Justice's constitutional earthquake sinks and with the President also walking a tightrope, female lawmakers face tough choices.
Experts have warned that the cracks within the female camp could confirm that women are their worst enemies and, therefore, play against their push to ensure gender parity in the country.
In the House, MPs Gladys Wanga (Homa Bay), Millie Odhiambo (Mbita) and Uasin Gishu's Gladys Shollei are the most vocal in support of Maraga's advisory.
“I’m willing to go home… It’s not a men vs women fight… I know people have been calling me saying don’t support, but it’s not about me…” Odhiambo said during a heated debate on Tuesday.
Shollei, who has in the past advocated for the dissolution of Parliament over the gender rule, on Tuesday said the matter was as good as closed and Kenyans should prepare for a mini general election.
"This case has been in court six times over the last 10 years. At this point, there is no room for anyone to go to court to challenge the advisory,” she said.
But the majority of nominated women MPs, who are actually the beneficiaries of efforts to ensure gender parity in Parliament, are not keen on having the House dissolved.
Jennifer Shamala said while she was not satisfied with the gender parity, it was not practical for the President to dissolve Parliament.
“Why did the CJ give the advisory while there is a matter before the court and yet to be decided upon? It would have been courteous for the CJ to tell the Justice and Legal Affairs Committee what he intended to do,” Shamalla argued.
However, the law, as per Article 261(7) of the Constitution on consequences of failed legislation, does not require the CJ to consult anyone or Parliament on the matter after receiving petitions.
The law says that it is Parliament which should instead report to the CJ on the progress the House has made to ensure the required legislation is enacted.
It further says that if Parliament fails to enact the law, any Kenyan can go to the High Court and seek an order compelling the MPs to do so within 60 days or else the CJ shall advise the President to dissolve the House.
- mwaniki fm