The Law Society of Kenya on Monday will lead Kenyans to occupy Parliament because it has not implemented the two-thirds gender rule.
The 'occupy' movement is the latest push to force President Uhuru Kenyatta to dissolve the Parliament as advised by Chief Justice David Maraga on September 21.
LSK president Nelson Havi said on Wednesday the President has no option but to send MPs home for failure to enact legislation implementing the constitutional two-thirds gender requirement.
It stipulates that no more than two thirds of any public elected or appointed body shall be of the same gender.
In a joint press briefing with United Green Movement (UGM) at LSK headquarters, Havi said the President has until Monday, October 12, to dissolve Parliament.
"Parliament must be dissolved or occupied effective October 12, 2020," Havi said.
"We make this call not just because the CJ has asked for the dissolution of Parliament, but for many other reasons. As we speak, the Cabinet is unlawfully constituted."
He was accompanied by UGM leaders, ex-Ndhiwa MP Neto Augostino and former Nairobi Deputy Governor Jonathan Mueke.
"On October 12, 2020, by 2.30pm, we will issue notice to vacate to the two clerks and the speakers," Havi said.
The LSK and UGM argued that the High Court case by the Executive seeking an injunction against dissolution is an attempt to subvert the constitutional order to ensure politicians are not held accountable.
“Parliament since 2017 has been an unconstitutional and unlawful body operating outside of the constitutional order. It does not deserve judicial audience or legal protection. In effect, it is an attempted coup,” they said in a joint statement.
The leaders said they will be crisscrossing the country to mobilise Kenyans to support the push for Parliament's dissolution ahead of Monday.
"We are law-abiding citizens and UGM believes in non-violence. The CoE report anticipated Parliament would go rogue. UGM alongside the 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.
“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.
(Edited by V. Graham)
