The Law Society of Kenya (LSK) has demanded that the President dissolves the Houses of Parliament for failing to enact the two-thirds gender rule. By Gerald Gekara.
While addressing the media at a press conference, LSK President Nelson Havi said the Uhuru will be going against the Constitution, if he ignored Chief Justice David Maraga’s advice to dissolve Parliament on October 12, 2020.
“The President of the Republic of Kenya is duty bound to dissolve Parliament… Regardless of the President’s action or inaction Parliament will be unlawful effective of October 12, 2020. The consequence of this is that any legislative authority exercised by Parliament thereafter will be without the authority of the people of Kenya,” said Havi.
Havi added that the current Parliamentarians will be illegally in office if the 21-day deadline on the advisory is reached.
The firm LSK chair also announced a letter to the Cabinet Secretaries for Treasury, Interior and Inspector General of Police Hilary Mutyambai to ensure that salaries, allowances and security for legislators is terminated.
“No financial burden shall lie on the Kenyan taxpayer should Parliament persist in exercising authority in violation of the Constitution after the 12th of October 2020,” Havi said.
The controversial debate has thrown parliamentarians, legal minds and the government in limbo, waiting on President Uhuru’s response to the advisory.
In his advice to the President, Maraga outlined that he had received a total of 6 petitions from different groups and the Law Society of Kenya urging the Executive to shut down parliament.
Maraga advised that the move would cripple economic recovery, but ignoring the parliament’s undoing could instead render the constitution useless.
“There is no doubt that the dissolution of parliament will cause inconvenience and even economic hardship…. We must never forget that more often than not, there is no gain without pain.” quoted Maraga.
Maraga said the move is a clear act that those who contravene the law get punished.
