National Assembly Speaker Justin Muturi has hit back at Chief Justice David Maraga terming his advice to President Uhuru Kenyatta to dissolve Parliament unconstitutional.
Muturi says they will be seeking legal redress accusing the Chief Justice of trying to plunge the Country into a constitutional crisis, without exercising the wisdom of the high office he holds.
Muturi spoke after a special meeting of the Parliamentary Service Commission which was unanimous that, “the action taken by the Chief Justice is ill advised, premature and unconstitutional and is recipe for plunging the Country into a constitutional crisis of monumental proportions.”
Quoting article 102 of the constitution, the speaker said the law was clear on the term of each house of parliament which he says expires after the election of new members of Parliament. Muturi adding that there are two petitions at the High Court set for hearing on 7th October to determine whether the order made by Justice John Mativo on 29th March 2017 during the tenure of the 11th Parliament is applicable in the 12th Parliament which was elected in August 2017.
He says it is premature for the Chief Justice to take such action while the High Court is yet to determine the matter.
“The Parliamentary Service Commission on the request of the two Speakers has resolved to engage counsel to immediately proceed to the High Court pursuant to Article 165(3) of the constitution to challenge the unlawful action taken by the Chief Justice,” Muturi said.
Members of Parliament took to the floor of the House to express their anger towards the Chief Justice saying his decision was premature.
Suna East MP Junet Mohammed argued that the court orders on the 2/3 gender rule should have been implemented by the 11th Parliament and not the current House.
He said that 2/3 gender rule can only be achieved through a referendum saying to accommodate more people we have change the structure of Parliament.
“I have seen people saying MPs must go, go where? We aren’t going anywhere,” he said.
Kiminini MP Chris Wamalwa said the Chief Justice should have waited for the determination of two petitions pending in the High Court to determine whether the orders on the 2/3 gender rule are binding to the 12th Parliament.
Homabay Woman Rep however called for sobriety on the matter saying Parliament lacks the good will to implement the gender rule.
“I have been in the 11th Parliament, the 12th Parliament I have been in all sessions when debate on the two-third gender rule has come to the floor, this matter is for all of us, we will not resolve it with attacking each other, or pulling each other down,” She said.