For a better part of yesterday, the whole country rippled to the call by the Chief Justice to the President to dissolve parliament.
In a ruling that had been long overdue, Chief Justice, David Maraga, asked the President, Uhuru Kenyatta, to dissolve Parliament after the failure of the National Assembly to implement the 2/3 gender rule.
Nine years, no change
“It is incontestable that Parliament has not complied with the High Court order in Constitutional Petition No. 371 of 2016. As such, for over 9 years now, Parliament has not enacted the legislation required to implement the two-thirds gender rule which, as the Court of Appeal observed in its said judgement, is a clear testimony of Parliament’s lackadaisical attitude and conduct this matter,” the CJ wrote in his statement.
The decision drew widespread reaction, with opinion seemingly split down the middle on it.
Chaos and mayhem
Senior Counsel, Ahmednasir Abdullahi, disagreed completely with the CJ, terming Maraga a ‘judicial anarchist’.
“Maraga takes the law too literal not as a result of philosophical disposition but because a deeper and sound reflection is beyond him. Just like in 2017, Maraga plants chaos and mayhem.” He tweeted.
His opinion drew widespread derision and condemnation, with many seeing it as an attack on the CJ rather than an objective opinion.
Mutula Kilozo Jr also disagreed with the move to dissolve Parliament.
‘Long opinion unnecessary’
However, Uasin Gishu Woman Representative and lawyer, Gladys Boss Shollei, agreed completely with Maraga.
“The President must dissolve Parliament. In fact, the Chief Justice need not have written a long opinion. There is already a High Court order which is enough for the CJ to advice the President to dissolve Parliament.” Boss said.
Constitutional lawyer, Abdikadir Mohamed, also agreed with the CJ, as did Machakos Governor, Dr Alfred Mutua.
Now, the rest of the country is waiting on how soon the President will implement the advice by the CJ.