CJ David Maraga May Dissolve Parliament Over Gender Bill – Mutahi Ngunyi

Chief Justice David Maraga may soon dissolve Parliament if the Gender Bill fails to sail through, notes political analyst Mutahi Ngunyi.

Taking to social media, the analyst explained that Article 261 of the constitution gives the CJ powers to dissolve the National Assembly.

Ngunyi, however, based on the CJ’s history, believes that Maraga might actually execute the powers bestowed upon him warning lawmakers to be "very afraid".

If the Gender Bill does not pass, Article 261 of the constitution gives powers to Maraga to dissolve Parliament,” wrote Ngunyi, “Given his history, Maraga will dissolve Parliament. MPs should be afraid. Very afraid.”

According to the constitution, if parliament fails to enact a legislation within the specified time, any person may file a petition to which the High Court will issue an order directing the House to enact it in a specified time.

If the lawmakers still fail to ensure the target is met, then the “Chief Justice shall advise the President to dissolve Parliament and the President shall dissolve Parliament.”

The constitution further elaborates that the subsequent parliament would also be tasked with enacting the required legislation without which the process may apply afresh.

The Gender Bill, sponsored by Majority Leader Aden Duale and is under debate, needs a two-thirds vote from the National Assembly in order to proceed to the next stage.

Several leaders in the country, both from Jubilee and the opposition, have encouraged legislators to pass the Bill for the sake of mothers and daughters.

In a court verdict of March 2017, High Court Judge John Mativo had declared that any person could write to the CJ to advise the President to dissolve the National Assembly if the gender bill would not have been passed by June the same year.