LSK says Parliament unlawful past October 12, adds salaries, security should be withheld

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Law Society of Kenya (LSK) Nelson Havi
Law Society of Kenya (LSK) President Nelson Havi

The Law Society of Kenya (LSK) has said Parliament will be unlawful, effective 12th October, and that any legislative authority and oversight of state organs exercised by Parliament will be without authority of Kenyans. This follows Chief Justice David Maraga’s advisory to President Uhuru Kenyatta. CJ Maraga on Monday advised the President to dissolve Parliament following its inability to enact legislation to implement the two thirds gender rule, years on, with a heated debate ensuing after.

Speaking to the press on Thursday, LSK President Nelson Havi said the President is duty bound to dissolve Parliament, and the reasoning given that the President has no time limit doesn’t add up, given that the Courts have interpreted time where it’s not specified in the performance of an act required under the Constitution as being a reasonable time, not exceeding 21 days. From the date the advisory was given, the deadline is 12th October, “The President will be in violation of the Constitution should he fail to dissolve Parliament on or before 12th October 2020. Regardless of the President’s action or inaction, Parliament will be unlawful effective 12th October 2020.”

Havi said LSK has already written to the Treasury CS Ukur Yattani to cease remittance o salaries and allowances for MPs and Senators with effect from October 12th. The Society has written to Interior CS Fred Matiang’i and Police IG Hillary Mutyambai to withdraw MPs’ and Senators’ security effective the same date. He said they will also write to the UN, World Bank, IMF, EU, AU, EAC and other development partners not to transact business with the government where such business requires Parliamentary approval and oversight. In view of the status remaining the same, the LSK President has revealed they’ll lead Kenyans to occupy Parliament effective 12th October. LSK has further asked IEBC to ensure compliance by political parties to the 2/3 gender rule in their party nominations, saying after by elections the leaders will hold office till August 2022.

He has also dispelled the move by the PSC and other bodies to move to Court to challenge Maraga’s advisory, saying the CJ has been given the power by Kenyans to play his role, “In advising the President, the CJ speaks in behalf of the people of Kenya and not as a judge…that can’t be challenged in a Court or anywhere because the supremacy of the Constitution of Kenya is beyond such a judicial challenge.” He further said there would be no crisis as highlighted by other leaders, and those affected in the leadership matrix are only Senators and MPs, “You should not be beguiled by those who want to lie to Kenyans that there is a Constitutional crisis, there is a problem, but no Constitutional crisis. Government will not come to a halt.”