The debate of whether to or not dissolve the parliament as had been advised by Chief Justice David Maraga has taken a new twist after the Law Society of Kenya (LSK) weighed in.
The president of LSK Nelson Havi has said that failing to dissolve the House of Parliament before or on October 12, 2020, will be a violation of the constitution.
Havi said, “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.”
The LSK Chairperson stated that members of the 12th parliament will be in their offices illegally after the end of 21 days from the date the Chief Justice gave the dissolution advisory note to the president.
Nelson Havi was issuing a press statement about the matter in the mid-morning of Thursday 24, 2020, where he also claimed that the LSK has written to the treasury, Interior, and Inspector General of Police Hilary Mutyambai seeking withdrawal of salaries and allowances of the current parliamentarian by 12th of October 2020.
LSK has also written a letter to clerks of the National Assembly and the Senate asking them to halt activities of the two houses by locking the chambers by the said date.
The LSK further threatened to write to the United Nations, International Monetary Funds, the African Union, the World Bank, the European Union, and the East African Community asking them to stop transacting businesses with the Kenyan Government shall president Uhuru Kenyatta fail to dissolve the parliament as called upon by CJ Maraga.
Nelson Havi emphasized the criticality of solving the parliament for failing to embrace two-third gender rule. He said that failing to do so will force the LSK to occupy the House and keep it off from the legislators.
The LSK also advised the Independent Electoral and Boundary Commission to prepare and conduct fresh parliamentary elections within the next 90 days after October 12, 2020.
Will the 12th parliament survive? Only time will tell!