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Calls to dissolve Parliament farfetched, House Clerk tells LSK

By Cyrus Ombati | October 12th 2020

National Assembly Clerk Michael Sialai has dismissed push by Law Society of Kenya to dissolve Parliament. [File, Standard]

The Clerk of the National Assembly Michael Sialai yesterday dismissed a push by the Law Society of Kenya (LSK) to dissolve the August House saying it was farfetched.

Sialai met officials from LSK, United Green Movement Kenya and Weare52pc and declared the House cannot dissolve itself. 

“This matter is in court and I know you know that. You have to wait for the outcome. Be informed the House cannot dissolve itself,” he said.

The officials from the three organisations had made true their threats and walked to Parliament Buildings to notify the leadership of the House their stay there was illegal.

“As you are aware Chief Justice David Maraga advised for the dissolution of the House for failing to implement the gender rule. This Parliament has failed in its mandate including holding the executive to account and fight against corruption. For those reasons, it needs to go,” said LSK president Nelson Havi.

Havi was accompanied by about 20 officials from the society and United Green Movement Kenya and Weare52pc when they walked to Parliament.

There were dozens of anti-riot police who were waiting for their arrival but welcomed the officials and allowed four of them to meet the Clerk.

And after holding the meeting with the Clerk, the officials came out and addressed the media saying they will continue to push for the dissolution of the House.

Havi said an Article of the Constitution cannot be challenged before a court of law. He said there is a likelihood Parliament is buying time before the courts.

He added the majority view is that Parliament must cease to operate.

“We officially declare this House to be belonging to the people of Kenya. Anybody who comes here as a Parliamentarian is a trespasser and you know what to do. If they come to your constituency don’t permit them to use public resources. We ask police not to provide security to these people.”

United Green Movement Party official Jonathan Mueke said Parliament is unlawful for failing to pass the gender rule for nine years.

“Any business they transact is illegal, any person they vet is illegal, any budget they pass is illegal because Kenyans will challenge these illegalities to the end,” he said.

The move comes in the wake of various petitions filed by several bodies and individuals in relation to the CJ’s advisory on the dissolution of Parliament for failure to enact the two-thirds gender rule.

Already at least two injunctions on the president have been issued by the courts and files sent to the CJ to constitute judges to hear the matter.

The move by the activists is aimed at putting pressure on President Uhuru Kenyatta to dissolve the House as advised.

President Uhuru has already declared he is not ready to act on the CJ’s advisory.

Havi has in the past written to the Interior ministry and police IG Hillary Mutyambai advising them to withdraw MPs and Senators’ security details.

The CJ had on September 21, 2020 advised Kenyatta to dissolve the House for failing to pass the gender rule. The president has already indicated he is not ready to take the action.


National Assembly Clerk Michael Sialai has dismissed push by Law Society of Kenya to dissolve Parliament. [File, Standard]

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