Proponents of her case have been working to make the actual transcript of this statement available online


MPs want Maraga to take leave to pave the way for his successor, saying he has gone astray and become an activist.

Proponents of her case have been working to make the actual transcript of this statement available online


* Many women leaders, in support of the Chief Justice, have said that it is time to respect gender justice and adopt two-thirds of the gender principle.

Following President Uhuru Kenyatta's advice to dissolve parliament if the gender bill is not passed’ members of parliament have fired Chief Justice David Maraga.

However, a section of women leaders defended the Chief Justice.

The MPs reprimanded the President of the People's Supreme Court and asked him to resign as the Parliamentary Service Commission has announced that it will go to court to challenge Maraga's demand to dissolve Parliament.

PSC Chairperson Justin Muturi, who is also the Speaker of the National Assembly called Parliament's advice on enforcing the two-thirds gender rule "unconstitutional, premature and unconstitutional".

"The Commission regrets that the Chief Justice, in his capacity, without using ingenuity and tactics, seems ready to plunge the country into a constitutional crisis, even restless," he said.

On the floor of Parliament, MPs said they were not going anywhere because there was a gender imbalance in the executive and the judiciary, a Supreme Court case where Maraga presides.

Ironically, even Rail’s team, which celebrated Maraga in a big way by canceling the 2017 presidential election in Uhuru, accused the Chief Justice of turning into a worker.

In 2017, a NASA team praised Maraga as a loyal defender of the 2010 constitution, whose decisions will always be remembered’ in Africa.

On Tuesday, minority whip Janet Mohammad began the debate with a clearance call from Maragalla to follow in the footsteps’ of her predecessor, Wali Mutunga, and leave after retirement.

"An example of this was given by Willie Mutunga when he resigned six months before his term expired for the sake of good governance," Janet said.

"I was surprised when the Chief Justice told the Justice and Legal Affairs Committee that he would retire on the same day, January 12, 2021," Janet said.

He claimed that Maraga had never been on leave for four months and should have been expelled’ from the judiciary in August.

"He has four months off which should have started in August. How can anyone take his advice seriously? Parliament is not going anywhere. We have a deadline of August 2022. Now who is Marga?" " What kind of choice is he asking for? Which election is this?

Minority leader John Mbadi asked why the Chief Justice was allowed’ to take such an important decision in his last days.

"The chief justice did something that now seems to be a trend on social media and in the news," said Maguire Senator Ochilo Ayako.

The Attorney General, who has a 20-year record, Bosnian Senator Amos Wako, despite taking the decision from the Chief Justice, still called it a clear contradiction in the constitution.

He said that although the constitution sets a time limit for the parliament, it gives the president the power to dissolve or dissolve the parliament.

"It almost feels like he has become a worker, where he should be president and at the same time he should be a Supreme Court judge." McCain Senator Mutula Kilonzo Jnr said.

Senator Moses Wetang of Bungoma urged President Kenyatta to seek the highest level of legal advice from other quarters before following the Chief Justice's advice.

"In a way, the Chief Justice acted in a way that is not treason. Parliament has a fixed term. No one can interfere in it. Gone are the days when the president could dissolve parliament at any time. Parliament has its own calendar. Fixes.

On Tuesday, majority leader Amos Kimunya said the big question was "where is the public interest in this?"

"The president should not follow the advice," he said, adding that there was no timeline for dissolution.

He argued that efforts to dissolve parliament would affect all powers, including the president, as elections take place on the same day.

"The president, who is serving his second term, will be barred from running for governor in the same category."

Outlander added that the Independent Electoral and Boundary Commission has not been formed’ as much as the agreed framework bill to fill the vacancies is still being’ discussed.

"Which IEBC will hold the elections? The Rarieda MP said that this issue will be resolved, it will be a smaller issue than what we are creating.

He called for an amendment to Article 262 to "increase the period from six years to 10 years. Parliament needs time to pass a law."

"These are matters that need to be considered when amending the constitution."

Jeremiah Connie, chairman of the Committee for Monitoring the Implementation of the Constitution, said he would invite the Chief Justice to explain why the judiciary has not yet adhered to gender governance.

Gender governance is failing because of the attitude of women MPs, said minority leader John Mbadi.

Garissa Township MP Aden Doyle said the chief justice had no right to declare any member of the assembly seat vacant by the force of a pen.

"Chief Justice, under the pen, you cannot declare my seat vacant. It was not the Chief Justice who voted for me. Parliament's legislative power is taken’ from the people.

"We can't get seats for a particular gender for free. Unless we adopt party lists, there is nothing for free.

However, women leaders supported the Chief Justice's call for the dissolution of parliament, which repeatedly refused to accept more women. Sometimes, male MPs stay away so there is no quorum for business and voting.

Sabah North MP Millie Odhiambo said, "Parliament has commented on this issue of gender and has not said so. The matter goes to a different authority. The Chief Justice has also taken his decision on the basis of 261 (7). It's not personal.

Parliament made four failed and half-hearted attempts to enact legislation to enforce the two-thirds gender rule enshrined in the constitution.

Gladys Boss Shollei, a representative of the Uasin Gishu women, and constitutional lawyer Abdikadir Mohammad said the president should really dissolve parliament.

No one has the right to go to court to challenge the suggestion of dissolving the Chief Justice of Parliament. The case has already been taken to court six times in the last 10 years, "said Shollei.

He added that the constitution is a supreme law and leaders should abide by it.

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