PSC to challenge Maraga’s two-third gender rule advisory
Sep 22, 2020(Nyamilepedia) — Kenya’s Parliamentary Service Commission (PSC), led by speaker Justin Muturi, said it will move to the High Court to challenge the chief justice David Maraga’s advisory to the president to dissolve the parliament for failing to enact the two third gender rule as stated in the constitution.
“As PSC, we have agreed to move to the high court to challenge the decision by chief justice advising the president to dissolve the parliament,” said the National assembly speaker Justin Muturi.
According to Justice Muturi, it is the commissions view that the decision by the chief Justice was incongruous and there are efforts being made to address the issue.
The National assembly speaker said that CJ Maraga appears to be willing and eager to plunge the country into a constitutional crisis without excising wisdom and circumspection of the high office he holds.
The commission will therefore engage its council to immediately move to the high court to challenge what it said to be unconstitutional and unlawful actions that the CJ took yesterday.
Hon Justice Muturi said that he believes that the matter will be resolved lawfully as he called for calm during this time.
“Parliamentary Service Commission believes that this matter shall be resolved lawfully and calls for calm and sobriety in order to avert the kind of national anxiety and despondency that the actions of the right honorable chief justice would elicit,” He said.
The speaker had earlier criticized the move saying that the subject of two third gender rule should be a matter of public participation due to the cost of implementing it as there are other ways in which it can be achieved such as nomination and topping up.
“Given that legislators decide through voting in Parliament, this would in essence mean that there are an additional 100 votes of nominated women legislators, yet these legislators are not a direct expression of the will of the people. That elected legislators wield more legitimacy relative to nominated legislators can be deduced from article 123 of the Constitution with respect to voting in the Senate.” He said.
On Monday, the Chief Justice David Maraga wrote to the president advising him to dissolve the parliament for faulting the two third gender rule as required by the constitution.
The CJ said that his move came about after six petitions were filed in his court.