Parliament Dissolution: High Court Stops Maraga Advice to Uhuru

  • President Uhuru Kenyatta and Chief Justice David Maraga
    President Uhuru Kenyatta and Chief Justice David Maraga
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  • The High Court, on Thursday, September 24, suspended Chief Justice David Maraga's advisory to President Uhuru Kenyatta to dissolve Parliament.

    The ruling indicated that the suspension would be in place pending the determination of a petition filed by two Kenyans.

    Maraga had advised the Head of State to dissolve Parliament after it failed to implement the two-thirds gender rule as outlined in the constitution.

    The two filed the petition urging the head of state not to dissolve Parliament claiming the move would lead to absurd constitutional outcomes.

    President Uhuru Kenyatta speaking during the Kenya Defence Forces Day in 2018
    President Uhuru Kenyatta speaking during the Kenya Defence Forces Day in 2018
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    Since Maraga issued the advisory, leaders have been divided into two with one section supporting the head of state while the rest arguing the country is not in  a position to hold an election.

    In a statement on Wednesday, September 23, Raila called for patience from the president as he engages in wide consultations on the contentious issue.

    Raila admitted that the advisory placed the country and the people of Kenya in a precarious constitutional and political situation that will require careful deliberation before any action is taken.

    The ODM Party leader noted that the ramifications to the country in dissolving one of the arms of Government could have adverse consequences in the life of the nation and its people.

    In a presser on Thursday, Law Society of Kenya President Nelson Havi stated that the head of state would be in violation of the constitution should he fail to dissolve Parliament on or before the October 12, 2020. 

    He explained that LSK would ask Treasury CS Ukur Yattani to cease the remittance of MPs salaries on the above mentioned date if the August House would not have been dissolved.

    Weighing in on the matter, the head of state refuted the allegations and insisted that his administration was fully focused on empowering women..

    "I have noted that several female soldiers completed their training alongside their male counterparts. This demonstrates that my administration is working to empower the womenfolk. 

    "It is another manifestation that we strive to ensure equal opportunity for all. It is important that these women while working alongside men, find meaning and purpose for their work," the president stated. 

    LSK President Nelson Havi speaking at a ceremony to admit lawyers to the bar on July 3, 2020
    LSK President Nelson Havi speaking at a ceremony to admit lawyers to the bar on July 3, 2020
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