MPs furious over House dissolution threat
Legislators were yesterday seething with rage following attempts by the Law Society of Kenya (LSK) to have Parliament dissolved for failing to enact the two-thirds gender rule.
But Speaker Justin Muturi told the legislators that they might go for early elections should the Chief Justice (CJ) advise the President to dissolve Parliament for failing to enact the piece of legislation.
According to the Speaker, time has run out for Parliament to implement the two-thirds rule since the law does not allow any other extension of time.
“We have done what is humanly possible to implement the rule without success,” Muturi told lawmakers of the House leadership attending a workshop at a city hotel.
LSK President Nelson Havi has gone to the Supreme Court seeking to have the National Assembly dissolved for failing to enact the gender rule.
Parliament has attempted to pass the Bill for a record five times without success.
Rarienda MP Otiende Amollo who is also the vice-chairman of the Justice and Legal Affairs Committee, told the members that chances for the CJ advising President Uhuru Kenyatta to dissolve Parliament are real and near.
“As it stands, Parliament is now null and void and whatever business that has been legislated will not count. It is that serious,” Amollo told the stunned members.
But the chairman of the Constitutional Implementation Oversight Committee (CIOC), Jeremiah Kioni warned that dissolving Parliament was a recipe for a serious crisis and does not see it happening.
“The two -third gender rule is not implementable and I do not expect the CJ to send us home over such a matter,” Kioni said.
Muturi said the possibility of CJ advising the President to dissolve Parliament, is real.
Amollo who was a member of the team of experts who drafted the contentious piece of legislation in the 2010 Constitution, said there is need for the matter to be dispensed now adding that dissolving Parliament will not help since the new Parliament will face similar challenges.
Amollo said the only way the country can escape the juggernaut is by deleting the contentious article through a referendum.
He said by dissolving Parliament the country will not be helped in solving the impasse adding that in the event of fresh elections there was a likelihood for Kenyans electing even more men than women.
“There is a formula that has been availed that has provided a solution to the implementation of the contentious rule. There is no way one can take away my right on who to vote for,” said Kioni.
Kioni said the drafters of the Constitution adopted the rule to stablise the country which was then in the mood for change.
Majority Leader Amos Kimunya dismissed Havi as a busy body out to make a name which was likely to throw the country into a constitutional crisis.
