Lawmakers fault CJ advisory, head to court

The National Assembly Speaker Justin Muturi and his Senate counterpart  Kenneth Lusaka have moved to the High Court seeking to halt Chief Justice David Maraga's advisory on the dissolution of  parliament.

 Through a petition, the Speakers want the court to show their discontent regarding the advisory recommendation by the Chief Justice last Monday, that the current parliament should be dissolved for failing to observe and execute the two-thirds gender representation rule.

Representing the lawmakers against the CJ's advisory, the two speakers termed this move as an act of impunity arguing that the Chief Justice should not

 interfere with their powers as outlined in the Constitution because he lacks the authority to do so. According to them, CJ Maraga's recommendation infringes Article 38 (2) (a) and Article 1 of the Constitution that respectively outlines and protects the polital rights of the lawmakers and people's sovereign power that the Legislature exercises on the public's behalf. 

Mr Muturi, through an affidavit argues that CJ Maraga's recommendation on the dissolution of the 12th Parliament is a grave error because it diminished the democratic free-will of the people through Parliament. 

Mr Lusaka also issued  an affidavit in support of Mr Muturi's statement that the Chief Justice's recommendation for the dissolution of the 12th parliament not only violates political rights in a democracy but also impedes the execution of the obligations  of the current Parliament. 

The two-thirds gender representation issue follows Justice John Mativo 2017 60-day ultimatum on the 11th Parliament to enact the required gender laws, having found that it violated the requirement. Mr. Muturi also argued that the CJ's sentiments should not be directed to the 12th Parliament because Mativo's findings were based on the previous Legislature set up

The two speakers will file the petition in the High Court on Monday, October 5th, 2020 to counter the CJ's advocacy recommendation. 

Whether there will be a referendum on the matter or there will be a different way to act on the gender representation issue without interfering with the pure view of the lawmakers remains unknown as the ball will be in the court of the High Court to determine a valid decision. Nevertheless, it is important to consider gender equality in the process of lawmaking.