The Parliamentary Service Commission (PSC) will now move to High court to challenge Chief Justice David Maraga’s advice to President Uhuru Kenyatta to dissolve Parliament.
PSC chair Justin Muturi on Tuesday said Maraga’s advice was premature and unconstitutional.
“The commission regrets that the Chief Justice appears to be willing, even eager to plunge the country into a constitutional crisis without exercising the wisdom and circumspection that is expected of the high office he holds,” he said.
“The Parliamentary Service Commission has resolved to engage counsel to immediately proceed to the High court to challenge the unlawful and unconstitutional action taken by the Chief Justice,” he added.
— KTN News Alerts (@KTNNewsKE) September 22, 2020
In an advisory dated September 21, Maraga had called for dissolution of Parliament in response to six petitions seeking his advice on the matter.
“The petitions are based on the ground that despite four court orders compelling Parliament to enact the legislation… Parliament has blatantly failed, refused, or neglected to do so….” Maraga said.
The CJ said it was his constitutional duty to advise Uhuru.
Muturi had yesterday criticized Maraga’s move saying the gender rule should be subjected to a referendum due to the cost of implementing it.
“We must not lose sight of the real challenges in implementing this matter and turn Parliament into a punching bag on account of gender parity,” he said in a statement on Monday.
He further said, “The clamour for dissolution of the current Parliament on account of failure to enact the two-third gender legislation is at the very least, unrealistic.”