NAIROBI, Kenya, Oct 11- The Law Society of Kenya has vowed to proceed with planned protests outside Parliament on Monday, to pile pressure on President Uhuru Kenyatta to dissolve Parliament.
LSK President Nelson Havi, said President Kenyatta ought to respect the law and act as per the advice given to him by Chief Justice David Maraga.
Maraga wrote to Kenyatta two weeks ago, asking him to dissolve Parliament for failing to enact a gender law as required by the Constitution.
LSK will be joined by members of the Green Movement party who voiced their support last week.
“Parliament stands dissolved by operation of law, on October 12 , 2020, should the President of the Republic of Kenya have failed to dissolve it as advised by the Chief Justice,” reads a section of the letter.
The High Court has since issued a restraining order against the move until a petition by two Kenyans is heard and determined.
Havi however, argues that President Kenyatta is not a party to the case, in which the stay order was issued.
On September 24, Havi said LSK will write to the European Union, East African Community, World Bank, and other international development partners “not to transact business with the Republic of Kenya where such a business requires parliamentary approval and oversight.”
“This is a grave matter, but it must be undertaken here and now, for there to be adherence to the rule of law and constitutionalism,” Havi asserted.
In his advice, Maraga said he was acting on five petitions filed pursuant to Article 261 (7) of the Constitution.
He said the petitions received between April 2019 and July 2020 had been consolidated into one.
“It is incontestable that Parliament has not complied with the High Court order, As such, for over 9 years now, Parliament has not enacted the legislation required to implement the two-thirds gender rule which, as the court of Appeal observed in its said judgment, it is clear testimony of Parliament’s lackadaisical attitude and conduct in this matter. Consequently, it is my constitutional duty to advise Your Excellency to dissolve Parliament under Article 261 (7) of the Constitution,” he said.
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