Mudavadi calls for sobriety over the 2/3 gender rule dispute

Written By: Hunja Macharia

Amani Party Leader Musalia Mudavadi has called for sobriety in the wake of an advisory by Chief Justice David Maraga advising President Uhuru Kenyatta to dissolve Parliament.

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Mudavadi who spoke on a day the proposed dissolution divided public opinion called for a less-disruptive solution towards the attainment of the two-third gender rule.

“Justified as he may be legally, the CJ’s drastic action was extreme and portends disaster for a country ravaged by and struggling to contain coronavirus, whose economy is in tatters and without viable institutions to manage the aftermath of his action,” He said.

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“The President should acknowledge the merit of the CJ advice and seek broader consultation to find a workable solution.  With no immediate timeline for the President to dissolve Parliament, it should accord him time, prudence and in the interest of public good; to allow for serious institutional consultations to avoid crashing the country.” Mudavadi stated.

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Mudavadi further pointed out that the constitution does not envisage ending the tenure of Parliament in the circumstances demanded by the CJ.

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He however pointed out that Parliament carries the greater responsibility to save the country and should take advantage of the grace period to legislate and operationalize Article 27(6) and (8) of the Constitution.

“Insinuations that Parliament should amend the Constitution to delete the Article are in bad taste. The women of this country deserve better treatment from all arms of the government,” He said.

Mudavadi defended the 6 petitioners who have called for the dissolution saying, “They are justified that no substantive action has been taken to give life to the requirements of Article 27(6) and (8) of the Constitution. The truth is Parliament is in default having failed to enact the enabling legislation in this regard, with the time prescribed having elapsed.”

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He said dissolution of Parliament is not an end in itself since there are no constitutional mechanisms on how and what happens after Parliament is dissolved.

“That the term of Parliament is fixed and when dissolved, it means the next Parliament shall overlap its term with that of the presidency and county governments,” He argued.


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