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Havi: Parliament illegal 21 days after Maraga advice to Uhuru

By Mercy Asamba | September 24th 2020

Parliament is unlawful and should not conduct business beyond October 2020, the Law Society of Kenya says.

Sticking to his earlier threat, LSK President Nelson Havi today said the society will lead Kenyans in occupying Parliament if President Uhuru Kenyatta fails to dissolve Parliament in 21 days.

“Following the advice by the Chief Justice to the President of the Republic of Kenya to dissolve Parliament, we notify you that Members of the National Assembly and Senators of the 12th Parliament will be unlawfully in office effective 12th October 2020 being twenty-one days from the date of the said advice,” he said.

Havi told the National Treasury to withhold MPs' salaries from the said date since they had repeatedly failed to pass the crucial Gender Bill.

LSK further advised the IEBC, while preparing for a possible by-election, to ensure that the two-thirds gender principle is adhered to by political parties during nominations.

“You are obliged to devise administrative mechanisms to ensure that the two- thirds gender principle is realised among political parties during the nomination exercise for the by-election to be held pursuant to the advisory given by the Chief Justice,” he noted.

In another letter to Interior CS Fred Matiang’i, Havi asked the CS to withdraw police officers assigned to all MPs and Senators as from October 12.

Havi had argued that unless the President wants to act with impunity, he has no option but to dissolve Parliament “within a reasonable time,” which he argued must be within 21 days from the day Maraga gave the advice.

On Monday, Maraga advised President Uhuru Kenyatta to dissolve Parliament over its failure to enact a law on gender balance taking into account six petitions.

The Chief Justice called for the dissolution of Parliament citing its several failed attempts to enact the Gender Bill despite four court orders.

In his statement, Maraga acknowledged that the decision would cause inconvenience and economic hardship.  But he said it was “the radical remedy Kenyans desired to incentivize the political elites to adhere to and fully operationalise the transformation agenda of the Constitution.”

President Uhuru has however remained mum on the advice.

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