MPs want Maraga to take leave to pave the way for his successor, saying he has gone astray and become an activist.
* Many women leaders, in support of the
Chief Justice, have said that it is time to respect gender justice and adopt
two-thirds of the gender principle.
Following President Uhuru Kenyatta's
advice to dissolve parliament if the gender bill is not passed’ members of
parliament have fired Chief Justice David Maraga.
However, a section of women leaders
defended the Chief Justice.
The MPs reprimanded the President of the
People's Supreme Court and asked him to resign as the Parliamentary Service
Commission has announced that it will go to court to challenge Maraga's demand
to dissolve Parliament.
PSC Chairperson Justin Muturi, who is also
the Speaker of the National Assembly called Parliament's advice on enforcing
the two-thirds gender rule "unconstitutional, premature and
unconstitutional".
"The Commission regrets that the
Chief Justice, in his capacity, without using ingenuity and tactics, seems
ready to plunge the country into a constitutional crisis, even restless,"
he said.
On the floor of Parliament, MPs said they
were not going anywhere because there was a gender imbalance in the executive
and the judiciary, a Supreme Court case where Maraga presides.
Ironically, even Rail’s team, which
celebrated Maraga in a big way by canceling the 2017 presidential election in Uhuru,
accused the Chief Justice of turning into a worker.
In 2017, a NASA team praised Maraga as a
loyal defender of the 2010 constitution, whose decisions will always be
remembered’ in Africa.
On Tuesday, minority whip Janet Mohammad
began the debate with a clearance call from Maragalla to follow in the footsteps’
of her predecessor, Wali Mutunga, and leave after retirement.
"An example of this was given by
Willie Mutunga when he resigned six months before his term expired for the sake
of good governance," Janet said.
"I was surprised when the Chief
Justice told the Justice and Legal Affairs Committee that he would retire on
the same day, January 12, 2021," Janet said.
He claimed that Maraga had never been on
leave for four months and should have been expelled’ from the judiciary in
August.
"He has four months off which should
have started in August. How can anyone take his advice seriously? Parliament is
not going anywhere. We have a deadline of August 2022. Now who is Marga?"
" What kind of choice is he asking for? Which election is this?
Minority leader John Mbadi asked why the
Chief Justice was allowed’ to take such an important decision in his last days.
"The chief justice did something that
now seems to be a trend on social media and in the news," said Maguire
Senator Ochilo Ayako.
The Attorney General, who has a 20-year
record, Bosnian Senator Amos Wako, despite taking the decision from the Chief
Justice, still called it a clear contradiction in the constitution.
He said that although the constitution
sets a time limit for the parliament, it gives the president the power to
dissolve or dissolve the parliament.
"It almost feels like he has become a
worker, where he should be president and at the same time he should be a
Supreme Court judge." McCain Senator Mutula Kilonzo Jnr said.
Senator Moses Wetang of Bungoma urged
President Kenyatta to seek the highest level of legal advice from other
quarters before following the Chief Justice's advice.
"In a way, the Chief Justice acted in
a way that is not treason. Parliament has a fixed term. No one can interfere in
it. Gone are the days when the president could dissolve parliament at any time.
Parliament has its own calendar. Fixes.
On Tuesday, majority leader Amos Kimunya
said the big question was "where is the public interest in this?"
"The president should not follow the
advice," he said, adding that there was no timeline for dissolution.
He argued that efforts to dissolve
parliament would affect all powers, including the president, as elections take
place on the same day.
"The president, who is serving his
second term, will be barred from running for governor in the same
category."
Outlander added that the Independent
Electoral and Boundary Commission has not been formed’ as much as the agreed
framework bill to fill the vacancies is still being’ discussed.
"Which IEBC will hold the elections?
The Rarieda MP said that this issue will be resolved, it will be a smaller
issue than what we are creating.
He called for an amendment to Article 262
to "increase the period from six years to 10 years. Parliament needs time
to pass a law."
"These are matters that need to be
considered when amending the constitution."
Jeremiah Connie, chairman of the Committee
for Monitoring the Implementation of the Constitution, said he would invite the
Chief Justice to explain why the judiciary has not yet adhered to gender
governance.
Gender governance is failing because of
the attitude of women MPs, said minority leader John Mbadi.
Garissa Township MP Aden Doyle said the
chief justice had no right to declare any member of the assembly seat vacant by
the force of a pen.
"Chief Justice, under the pen, you
cannot declare my seat vacant. It was not the Chief Justice who voted for me.
Parliament's legislative power is taken’ from the people.
"We can't get seats for a particular
gender for free. Unless we adopt party lists, there is nothing for free.
However, women leaders supported the Chief
Justice's call for the dissolution of parliament, which repeatedly refused to
accept more women. Sometimes, male MPs stay away so there is no quorum for
business and voting.
Sabah North MP Millie Odhiambo said,
"Parliament has commented on this issue of gender and has not said so. The
matter goes to a different authority. The Chief Justice has also taken his decision
on the basis of 261 (7). It's not personal.
Parliament made four failed and
half-hearted attempts to enact legislation to enforce the two-thirds gender
rule enshrined in the constitution.
Gladys Boss Shollei, a representative of
the Uasin Gishu women, and
constitutional lawyer Abdikadir Mohammad said the president should really
dissolve parliament.
No one has the right to go to court to
challenge the suggestion of dissolving the Chief Justice of Parliament. The
case has already been taken to court six times in the last 10 years, "said
Shollei.
He added that the constitution is a
supreme law and leaders should abide by it.
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