- October 2, 2020
- Posted by: p mulee
- Category:
President Uhuru Kenyatta has cautiously said he has no intention of dissolving Parliament following an advisory by Chief Justice David Maraga.
In an interview with France24 on Thursday, Uhuru said the decision was before the courts and therefore refrained from making comments.
He however said, “It’s not what I’d like to do. But it is an option that has been put by the Chief Justice so we wait to see what the outcome of the court process will produce.”
“That then will determine what will be the way forward.”
In an advisory dated September 21, Maraga advised Uhuru to dissolve Parliament, due to failure to implement the two thirds gender rule.
“The petitions are based on the ground that despite four court orders compelling Parliament to enact the legislation… Parliament has blatantly failed, refused, or neglected to do so….” Maraga said.
Using reference to The U.S.A, Uhuru reiterated that the gender rule is not easy to achieve but still a work in progress.
“In a democratic society, that is not easily achievable, in the U.S and i think even France are yet to achieve that particular objective so we are all striving to get there,” he said.
“It is indeed a regret (that the two thirds gender rule has not been inactivated) but at the same time you’ve also got to understand that the spirit of the constitution was actually one of progressively getting there.”
Justice Weldon Korir last week stopped the implementation of Maraga’s advisory after two petitioners challenged it.
“In the circumstances of this case, I therefore find the petitioners notice of motion dated September 23 merited. I allow it in terms of prayer so that a conservatory order issued for the preservation of the status quo of the Advice of the Chief Justice dated September 21 to the president pending interparteis hearing and determination of the petition,” Korir ruled on September 24.
Petitioners Leina Konchella and Abdul Munasar wanted the High Court to stay the advisory, saying it is subject to judicial review as an administrative act.
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