Chief Justice David Maraga has formally recommended to President Kenyatta to dissolve Parliament over its’ failure to enact the third-gender rule under Article 27.
“Let us endure pain if only to remind the electorate to hold their parliamentary representatives accountable,” Mr Maraga said.
Mr Maraga’s move follows the petitions he had received from the Law Society of Kenya and four other individuals who faulted the August House for the move.
The President has little legal choice than to act in the manner prescribed by Mr Maraga as based upon Article 261 (1), read together with the Fifth Schedule which provides that the enactment of the two-thirds gender principle was among the things Parliament should have achieved within five years after the promulgation of the Constitution in 2010.