The Law Society of Kenya(LSK) want president Uhuru Kenyatta to heed to chief justice David Maraga advisory and dissolve parliament over the gender parity question.
LSK president Nelson Havi says Maraga was within the law in calling for the dissolution of parliament as members have acted in contravention of the law by failing to implement constitutional provisions that would have ensured gender balance within the house as well as in both levels of government.
According to Havi, the president is now duty bound to dissolve parliament by October 12, 2020 with the court interpreting reasonable time as being 21 days. Failure by the president to dissolve parliament according to Havi, will be in contravention of the constitution.
The Law society of Kenya is threatening to lead Kenyans to occupy parliament effective October 12,2020 if parliament is not dissolved in what the lawyers’ lobby group say is an effort to stop continued disregard of the constitution and the rule of law.
“Cognizant of the continued disregard of the constitution and the rule of law by elected and appointed leaders, and in exercise of the sovereignty of the people of Kenya, LSK shall lead the people of Kenya to occupy parliament effective October 12,2020.” Warned Havi.
According to Havi, any legislative authority exercised by parliament after October 12 will be illegitimate adding that the lawyers’ body will be writing to Kenya’s international lenders as well as development partners not to transact business with Kenya where such dealings requires parliamentary approval.
The law society of Kenya also wants treasury to stop remittances of MPs salaries as well as the ministry of interior to withdraw their security effective October 12th if parliament will not have been dissolved.
And amid questions over possible legal hurdles if the advisory by the chief justice is implemented, Havi says there exists no lacuna in the constitution. Havi saying a by-election should be held within the next 90 days with those elected expected to serve until the next general election in August 2022 with the dissolution of parliament not affecting the president, governors and MCAs. Havi says the Independent Electoral and Boundaries Commission will be required to ensure that political parties comply with the two thirds gender principle during the nomination exercise.