Chief Justice (CJ) David Maraga has written to President Uhuru Kenyatta, asking him to dissolve the Parliament after failing to enforce the two-thirds gender rule.
The six petitioners involved in the decision include Fredrick Gichanga Mbugua, Steven Awoko, Aoko Benard, Margret Toili, David Sudi, and the Law Society of Kenya(LSK)
According to a letter from the CJ to the President seen by journalists, CJ Maraga cited Article 261(7)of the Kenyan Constitution 2010.
According to the letter, the petitions are based on the fact that, despite four court orders requiring the Parliament to enact the legislation necessary to implement the two-thirds gender rule as per Article27(3) and Articles 81(b) and 100 of the Constitution, Parliament has patently failed.
Maraga’s call comes after LSK asked the Chief Justice to write to the President and advise him on dissolving Parliament on the grounds of the failure to enact the two-thirds gender rule.
The law society added that it was the Parliament’s duty to ensure it legislates the outstanding laws and failure to do so continues to expand the fault lines for violations of the Constitution.
CJ Maraga further noted that the two years left for the 10th Parliament is not enough to enact the legislation required to effect the two-third gender rule.
He also added that back in 2015, the Supreme Court under former CJ Willy Mutunga had directed Parliament to pass the requisite legislation.
Out of the 349 seats available in Parliament today, only 76 members are female, representing 1/5 of the total seats.
However, the Constitution states that Parliament should at least have 177 female MPs, meaning it is short with 41 members.
The letter has drawn several reactions, with Elgeyo-Marakwet Senator asking President Uhuru Kenyatta to dissolve the Parliament.
However, National Assembly Speaker Justin Muturi, in response, termed Maraga’s move as ‘unrealistic.’
Other politicians argued that the CJ could have given the Parliament chance to be heard.