The Law Society of Kenya wants the Interior ministry to withdraw MPs’ and senators’ security detail over CJ David Maraga’s advisory on dissolving Parliament.
In a statement on Thursday, chairman Nelson Havi said Parliament is unlawful and should not conduct business beyond October 12.
” Accordingly, you are hereby asked to withdraw all police officers assigned to all members of the assembly and senators effective 12th ….,” he said.
“We do hope that the LSK will not be compelled to take action to hold you personally accountable for failure to act in accordance with this lawful request and avert loss of public funds.”
However, according to the Constitution, the President is bound to dismiss Parliament “within reasonable time”.
Havi also urged Kenyans to occupy Parliament buildings from October 12, if President Uhuru Kenyatta will not have dissolved Parliament as advised by Maraga.
“The advisory does not end the terms of the President, governors, and members of county assemblies. There is no constitutional crisis and the business of government will not come to halt. No financial burden shall lie on the shoulders of taxpayers,” Havi said.
Maraga asked President Uhuru Kenyatta to dissolve Parliament — itself noncompliant with the two-thirds gender rule — for failure to enact the law which provides for gender balance.
In the advisory, Maraga said Kenyans must be ready to suffer, if only to hold elected parliamentary representatives accountable.
“In this circumstance let us endure pain, if we must, if only to remind ourselves, as a country, that choices, particularly choices on constitutional obligations have consequences,” Maraga said.
The CJ insisted that the country “must say no to impunity and hold everyone accountable for their actions or omissions”.
The fate of the 416-member bicameral House now rests with the President.
Maraga’s historic move is yet another upset for the country’s political establishment that evokes memories of annulment of Uhuru’s presidential victory in the 2017 General Election.