- The petition was filed by Chairman of the Independent Candidates Caucus and an activist
- In the petition they have compelled the Chief Justice to advice the president to dissolve parliament
- They termed parliament unconstitutional because of its inability to pass the bill
- They further claimed members of parliament were using quorum hitch to void their constitutional mandate
Parliament may soon be dissolved if Chief Justice (CJ) David Maraga abides by the petition filed at the Supreme Court.
Chairman of the Independent Candidates Caucus, Stephene Owoko, and John Wangai, an activist, through their petition termed parliament unconstitutional because of its inability to pass the bill.
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The petition to dissolve parliament over flopped two-thirds gender bill was filed at Supreme Court.
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TUKO.co.ke understands the petition compels the CJ to advice President Uhuru Kenyatta to dissolve Parliament after it failed to pass the two-third gender bill on Wednesday, November 28.
They claimed that members of parliament have been using quorum hitch to void their constitutional mandate hence boycotting the crucial vote.
"By delaying to pass the bill, Parliament violated Article 261 of the 2010 constitution which stipulates that the 48 consequential legislations should be passed by the government at a particular time," they said.
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They petitioners claimed members of parliament have been using quorum hitch to void their constitutional mandate.
Owoko and Wangai argued 47 out of 48 consequential legislations had been passed but the two-third gender bill was the only one remaining.
"Article 81(B)enriches that their should not be more than two-third of members of elective public bodies of the same gender something that the Parliament has violated ," the two argued.
They also claimed in the year 2015, High Court Judge Mumbi Ngugi ordered the then Attorney General (AG) Githu Muigai to help parliament pass the bill, that, however, did not happen.
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"In 2017, Judge John Mutivo warned parliament that by June 2018, if the bill had not been passed someone would write to the Chief Justice to dissolve the parliament some thing that we have done" they said.
TUKO.co.ke also understand Owoko was arrested on Wednesday, November 28, and detained for at at the Kenyatta International Conference Centre (KICC) police station.
This was after he tried to stop one of the blue economy sessions accusing the organizers of the event of corruption but was later Released.
Story by Mabele Wekesa, TUKO Correspondent
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