The Council of Governors has said dissolving Parliament over its failure to enact legislation to implement the two thirds gender rule in accordance with Chief Justice David Maraga’s advisory to President Uhuru Kenyatta will have dire consequences for government processes, as Kenya grapples with the Covid-19 pandemic. In a statement on Wednesday, the Council stated it’s alive to the rationale of the CJ given that Parliament has failed to enact legislation on the two thirds gender principle.
However, the CoG said the state and its organs are under obligation to obey the Constitution and remain faithful to its principles, “Indeed, the true test of constitutionalism is the complete fidelity to the rule of law.” The Council affirmed the importance of the two thirds gender principle, saying it can’t be sufficiently underscored, “At the time of voting for a new constitutional dispensation, Kenyans were clear in their minds that they wanted a society that left no one behind.” The Council further pointed out that the country has immersed itself in a discourse on constitutional amendments and it’s an opportune time for all stakeholders to have a sober discussion on the issue of gender principle with a view to ensuring that the intentions and objects of the Constitution are achieved.
Leaders have given their views on Maraga’s advisory, with ANC leader urging President Uhuru Kenyatta to take time and consult widely before making a decision. He said the CJ’s decision may create a disaster for Kenya, given that we are still struggling with the effects of the Covid-19 pandemic. On the other hand, the Parliamentary Service Commission said on Tuesday it’ll challenge the CJ’s move at the High Court.