CJ ADVISORY

Dissolution: LSK to lead Kenyans in occupying parliament from next week

Havi: "We will proceed in civil permissible numbers."

In Summary

• In a joint press briefing with United Green Movement at the Society's headquarters, Havi said President Uhuru has up to October 12 to dissolve parliament.

• In a joint press briefing with United Green Movement at the Society's headquarters, Havi said President Uhuru has up to October 12 to dissolve parliament.

The United Green Movement and LSK joint press briefing at the LSK headquarters in Nairobi on October 7, 2020.
The United Green Movement and LSK joint press briefing at the LSK headquarters in Nairobi on October 7, 2020.
Image: LUKE AWICH

The Law Society of Kenya has vowed to lead Kenyans to occupy Parliament on Monday in a new push to force President Uhuru Kenyatta to dissolve Parliament.

LSK President Nelson Havi on Wednesday said the President has no option but to send MPs home saying Chief Justice David Maraga's advisory is final and should effected.

In a joint press briefing with United Green Movement at the society's headquarters on Wednesday, Havi said Uhuru has up to October 12 to dissolve parliament in line with Chief Justice David Maraga’s advisory.

Last month, Maraga advised President Uhuru to dissolve Parliament for failing to implement the two-thirds gender requirement.

"Parliament must be dissolved or occupied effective October 12, 2020," Havi said.

"We make this call not only because CJ has asked for the dissolution of parliament there are many reasons. As we speak the Cabinet is unlawfully constituted."

Havi was accompanied by UGM leaders ex-Ndhiwa MP Neto Augostino and former Nairobi Deputy Governor Jonathan Mweke.

"On October 12, 2012, by 2.30 pm we will issue a notice to vacate to the two clerks and the speakers," he added.

They argued that the High Court case by the Executive amounts to an attempt to subvert constitutional order to ensure politicians are not held accountable.

“Parliament since 2017 has been unconstitutional and unlawful body operating outside of the constitutional order. It does not deserve a judicial audience or legal protection. In effect, it is an attempted coup,” they said in a statement.

The leaders said they will be traversing the country to mobilise Kenyans to support the push for Parliament dissolution ahead of Monday.

"We are law-abiding citizens and UGM believes in non-violence. The CoE report anticipated that parliament would go rogue. UGM alongside LSK did issue a notice to vacate since they are illegally occupying our house," Neto said.

Mweke said the people will be forced to exercise their sovereign power if the President fails to dissolve Parliament by Monday next week.

“The President’s power to dissolve Parliament is delegated power, and our reading of the Constitution tells us that we can also exercise this power directly,” he said.

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