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Divided opinion by MPs over Chief Justice Maraga advisory

By People Team
Monday, September 28th, 2020
President Uhuru Kenyatta talks to Chief Justice David Maraga during a past function at the Supreme Court of Kenya. Photo/PD/File
In summary
    • MPs said the president should adhere to the constitution he swore to uphold by dissolving the parliament and call for fresh elections
    • He said history will judge the president harshly if he will be the one in the forefront to flawed Kenyan laws.

Yusuf Masibo and Githinji Mwangi

Leaders and politicians from across the political divide continued to express mixed reactions yesterday as to whether President Uhuru Kenyatta should dissolve Parliament as advised by Chief Justice David Maraga last week.

While a number of the leaders told Uhuru to go ahead and implement the advice arguing he was constitutionally bound to do so, others told him to ignore the advisory on grounds that it was misinformed.

Speaking in Bungoma County, MPs who had accompanied Deputy President William Ruto, asked  Uhuru to dissolve Parliament the way he was advised by Maraga.

They said the president should adhere to the Constitution he swore to uphold by dissolving Parliament and call for fresh elections.

The MPs who included Mwambu Mabongah [Bumula], Dan Wanyama [Webuye West], Didimus Barasa [Kimilili], Malulu Injendi [Malava], Charles Gimose [Hamisi], Moses Kuria [Gatundu North], Rigathi Gachagua [Mathira], Mathias Robi [Kuria West], Benjamin Washiali [Mumiasi East] and former Kakamega senator Bonny Khalwale had accompanied Ruto for a funds drive of Pentecostal Churches in Bumula Constituency, said they were ready to seek fresh mandate from electorate.

Robi said Uhuru a should not ignore the advise from the CJ but to dissolve the parliament if he really respects the constitution.

“Chief Justice said we have failed as the parliament enact the third gender rule and we should go home and seek fresh mandate so the president has no option but to do so,’’ said Robi.

He said history will judge the president harshly if he will be the one in the forefront to flawed Kenyan laws.

Gimose said as MPs they were more than ready to go home to demonstrate that they were law abiding citizens and serve as an example to others.

Ruto who tried to avoid politics called on Kenyans to support him form the next government  2022.

“Poor people are the voters, I have to befriend them to ensure they also succeed in future” he said.

In Kirinyaga County, two women legislators, Alice Wahome (Kandara) and her Gilgil counterpart Martha Wangari defended the CJ advisory to President to dissolve parliament saying the MPs should stop insulting and threatening him as he was executing his mandate as per constitution.

Dismissed claims

Wahome has dismissed claims by the Law Society of Kenya (LSK) President Nelson Havi that she will resign over the advisory to dissolve Parliament.

Havi had on Saturday indicated that he had received confirmation that the MP will tender her resignation following Chief Justice David Maraga’s advisory to President Uhuru Kenyatta to send lawmakers home over failure to enact legislation required in the implementation of the two-thirds gender rule.

Speaking to media at Kangaita Tea Factory in Kirinyaga County, Wahome insisted that the president has no option but to send MPs home and let new legislator’s get elected by Kenyans.

She poured cold water to a move by PSC and Kenyans who have moved to high court to challenge the chief Justice advisory terming it as waste of time.

“We have been telling our male colleague to pass this bill but they have always rejected our plea,now they have no option but to go home and get a fresh mandate,” she opined.

The MP accused those faulting CJ Maraga advisory of insincerity noting that they had all the time to pass the law but refused knowing very well the consequences

But speaking  Suna East MP Junet Mohammed  said advice by Chief Justice David Maraga to dissolve parliament for not following gender rule was in time barred.

But National Assembly Minority Whip, Junet Mohamed said it was sad that Maraga who has  less than two months in office made such a decision.

“Even if the Assembly is dissolved today and Kenyans are given a mandate in fresh elections the number of women elected will never meet the gender threshold making the advice baseless,” Junet said.

Junet was speaking in Migori town at his Suna East NG-CDF offices when he met his constituents to map out development projects from the kitty.

Last week the MPs got a reprieve after the court stopped the president from sending the lawmakers home.

Justice Weldon Korir issued a temporary order suspending the CJ advisory until the matter taken to court challenging the decision of Maraga is heard and determined.

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