UPDATE: 1:00pm: The Parliamentary Service Commission has resolved to seek redress in the high court to challenge Chief Justice David Maraga's advisory to President Uhuru Kenyatta.
Speaking at a press conference Speaker Justin Muturi said the advisory was premature and unconstitutional.
“In particular, the Honourable Chief Justice glossed over the fact that there are two High Court petitions set for hearing on October 7, 2020 to determine, among other issues, whether the order made by Justice Mativo on March 29, 2017 during the tenure of the 11th Parliament is applicable to the 12th Parliament which was elected in August 2017. It is therefore premature for the Rt. Hon. Chief Justice to take this action while the High Court is yet to determine this matter,” Muturi spoke.
National Assembly Speaker Justin Muturi has responded to Chief Justice David Maraga's advice to President Uhuru Kenyatta to dissolve Parliament, citing failure to pass the 2/3 gender rule.
In an interview on September 21, Muturi faulted Maraga for what he described as trying to subject the country to a premature election during a pandemic.
He stated that Parliament was not solely responsible for the delay, explaining that the courts had also not given the guidance sought by legislators.
"Even the courts have not been able to explain to us how it would look like in a country where people compete on the basis of political party nomination or being an independent candidate. You cannot guarantee the results. Nobody seems to tell us how that can be done," Muturi stated.
He also called out the Chief Justice over the constitution of the Supreme Court of which he is the president, observing that it also does not meet the 2/3 gender rule.
The Supreme Court consists of Maraga, Njoki Ndungu, J.B. Ojwang, Philomena Mwilu, Mohammed Ibrahim, Smokin Wanjala and Isaac Lenaola.
"I would like him to tell the country why he has not been able to push for the 2/3 gender rule in his own court," Muturi challenged.
According to the speaker, the constitution of the IEBC and procurement of the election material would be hard to achieve within 60 days.
"You and I will obviously shoulder the cost. The Chief Justice said we must persevere pain, I hope he is also ready to persevere pain," he cautioned.
Muturi suggested that Maraga could be trying to stamp his authority ahead of his retirement in January 2021.
"He has appeared before the Justice and Legal Affairs Committee recently and gave an indication that he would proceed on terminal leave on December 12, but leave office on January 12 and cautioned that he would still be the CJ even when on terminal leave.
"I think he is trying to show some muscle at this time but I don't know why. It is unimaginable why someone who is about to retire in a few months would want to plunge the country into a form of a constitutional crisis," the speaker wondered.
Watch Muturi's interview below:
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