NAIROBI, Kenya, Sep 25 – The Council of Governors(CoG) on Friday announced plans to move to court in a bid to seek a legal opinion regarding Chief Justice David Maraga’s invocation of Article 261(7) on dissolution of Parliament.
Maraga issued the advisory to President Kenyatta citing numerous petitions on Parliament’s failure to enact laws that would operationalize the two thirds gender rule within timelines stipulated under the Fifth Schedule.
CoG Chairperson Governor Wycliffe Oparanya said as much as the council advocates for the rule of law, dissolution of Parliament may not be the answer to the current problem.
“As a Council, we are alive to the fact that this is a weighty matter and whereas we advocate for the respect of the Rule of Law, we are aware dissolution of parliament may not be the answer,” he said in a statement.
He said dissolution of Parliament before the National Assembly registers its concurrence with the revenue allocation formula passed by the Senate could paralyze operations in counties which are yet to receive revenue allocations.
Oparanya said counties have operated without cash for at least four months.
“I reiterate to the public that County Governments have not received a cent of this year’s finances. Services and projects are negatively impacted and a whole quarter (4 months) has gone by without any development being undertaken. The situation is very dire,” he said.
Oparanya’s statement came against the backdrop of a referral of a petition against Parliament dissolution to Chief Justice David Maraga who is expected to name an uneven bench to here the matter.
The court stayed any action of Maraga’s dissolution advise pending further orders by the bench he is expected to compose in the coming week.
The order came amid agitation by a number of actors including the Law Society of which called for suspension of national lawmakers salaries and withdrawal of their security by October 12.
LSK vowed to lead protesters to occupy Parliament if both Houses are not dissolved by October 12.