The Law Society of Kenya (LSK) has weighed in on the ongoing debate triggered by Chief Justice David Maraga’s advisory asking the President to dissolve the Houses of Parliament for failing to enact the two-thirds gender rule.
LSK President Nelson Havi says the President will be in violation of the Constitution should he fail to dissolve Parliament “on or before October 12, 2020.”
“The President of the Republic of Kenya is duty bound to dissolve Parliament… Regardless of the President’s action or inaction Parliament will be unlawful effective of October 12, 2020. The consequence of this is that any legislative authority exercised by Parliament thereafter will be without the authority of the people of Kenya,” said Havi.
According to the LSK President, the current Parliamentarians will be unlawfully in office once 21 days lapse since the Chief Justice issued the President with the advisory to dissolve Parliament.
In a press briefing on Thursday, Havi said LSK has written to the Cabinet Secretaries for Treasury, Interior and Inspector General of Police Hilary Mutyambai asking them to ensure the salaries, allowances and security for the current parliamentarians are withdrawn.
“… no financial burden shall lie on the Kenyan taxpayer should Parliament persist in exercising authority in violation of the Constitution after the 12th of October 2020,” stated Havi.
“They shall not get a salary. Man shall not eat where he has not laboured,” he added.
Havi further added that LSK has written to clerks of National Assembly and Senate to close the chambers and deny the legislators access.
At the same time, LSK vowed to write to the United Nations, World Bank, International Monetary Fund, European Union, African Union. East African Community, other international and regional agencies and Kenya’s development partners not to transact business with the Government of Kenya where such business requires parliamentary approval and oversight.
Should the demands by the Law Society of Kenya fail to be met, Havi said they will occupy Parliament and keep it off from “trespassers.”
“Cognizant of the continued disregard for The Constitution of Kenya and the rule of law by elected and appointed leaders in this country and in exercise of the sovereignty of the People of Kenya under Article 1(2) of The Constitution of Kenya which empowers the People of Kenya to exercise their sovereign power directly, the Law Society of Kenya shall lead the People of Kenya to occupy Parliament effective 12th October, 2020 until the by-election is held, should the People’s elected representatives in the 12’h Parliament persist in impunity,” said Havi
The LSK President maintained that the IEBC should be prepare to hold a by-election within 90 days from October 12 and ensure that the two-thirds gender principle is realized among political parties during nomination exercise for the by-election.
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