The National Assembly Majority Leader, Aden Duale has said that the National Assembly will not be dissolved for failing to meet the two thirds gender rule.
Duale was reacting to a Court of Appeal ruling on Friday to uphold a decision to have Parliament dissolved for failing to meet the two thirds gender rule.
A petition was filed before the Chief Justice last year but the implementation was put on hold after Speakers of Parliament and Attorney General moved to the Court of Appeal to halt the process.
Appeal Court judges Phillip Waki, Gatembu Kairu and Kathurima M’inoti however revived the bid to kick out MPs for having an almost all-male House.
And speaking at Garissa High School Saturday during the Prize Giving Day, Duale said that it was impossible to dissolve parliament since it was elected by the people of Kenya.
Duale took a swipe at those advancing the agenda, saying that they were engaging in an “exercise in futility which will fail flat on their faces.”
“As the leader of a majority in the house, I want to categorically tell you from Garissa that dissolving Parliament is not a walk in the park. Those civil society activists should better know that they are driving on Thika Super High Way without good breaks and they will crash,” said Duale.
Duale instead urged women to compete for elective seats just like their male counterparts, saying that it was clear that the bill does not enjoy the support of male members.
He said that the bill has several times failed to go through.
“During the 10th Parliament when then Minister for Justice, Martha Karua brought the bill it failed to go through, then the late Mutula Kilozo brought it four times and again it failed. I have personally tried doing so four times and it is the same old story,” said Duale.
Duale said he would soon bring a motion to change article 100 of the constitution which will be amended and subsequently look into issue of people living with disabilities, minorities, youth and women.
Despite being sued several times by interested parties, Parliament remained defiant.
In 2012, the Supreme Court advised the law should be enacted by August 27, 2015. Law makers extended the period by one year.
They have, however, failed to pass the gender rule to date even with the pleading from President Uhuru Kenyatta and opposition leader Raila Odinga.
MPs were first given 40 days in 2016 by High Court Judge, Mumbi Ngugi to enact the law but they did not.
The High Court gave the AG and the Commission for the Implementation of the Constitution 40 days to prepare and table the two-thirds gender rule Bill before Parliament.
Then a 60-day deadline was issued by High Court Judge, John Mativo in 2017 to pass that law. It lapsed on June 30, 2017 and nothing happened.
The Judge said the Senate and National Assembly were at risk of being dissolved if they failed to obey his orders.
“If Parliament fails to enact the said legislation within the said period of 60 days from the date of this order, the petitioners, or any other person, shall be at liberty to petition the Chief Justice to advise the President to dissolve Parliament,” Justice Mativo said then.
By Jacob Songok