Sep 24, 2020(Nyamilepedia) — The Law Society of Kenya (LSK) has given President Uhuru Kenyatta until 12th October to dissolve both parliaments, that is, the national assembly and the senate for failing to enact the two third gender rule.
“The President will be in violation of the Constitution should he fail to dissolve Parliament on or before October 12, 2020. Regardless of the President’s action or inaction, Parliament will be unlawful effective October 12, 2020,” LSK President Nelson Havi said.
Speaking to the members of press, Mr. Havi said that the two speakers should ensure that the National Assembly and the Senate are closed by 12th October. Failure to this, LSK said it will walk in and occupy the two houses.
“Cognizant of the continued disregard of the Constitution & the rule of law by elected & appointed leaders, and in exercise of the sovereignty of the people of Kenya, LSK shall lead the people of Kenya to occupy Parliament effective October 12, 2020.” He said.
LSK want the MPs salaries suspended and all security details withdrawn.
Mr Havi said that, should the parliament be dissolved, Independent Elections and Boundaries Commission (IEBC) should hold by-elections within 90 days.
It should also ensure that political parties comply with the two third gender principle during its nominations.
The LSK explains, however, that the by-elections will not mean an extension of a term but rather the elected members of parliament should complete the remaining portion of the current term.
The court has suspended the implementation of the Chief Justices advise pending further direction from the court. This ruling was made by Justice Weldon Korir following two petitioners who were challenging the CJs advisory.
“I have carefully considered the petition and that it raises substantial questions of law under Article 165(3)(d) of the Constitution. Consequently, in exercise of the powers bestowed upon this Court under Article 165(4) of the Constitution, I certify this petition as one requiring to be heard by an uneven number of judges, being not less than three, assigned by the Chief Justice,” Justice Korir ruled.
He also asked the Chief Justice to appoint a not less than three judges’ panel to listen to the case.