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How can you say, "The Constitution failed?" Don't you mean, "We failed the Constitution?" Or is that a distinction without a difference? Since the declared and .
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Perhaps because it is a last resort, the language in Article 7 is mandatory for both parties.

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Neither the chief justice nor the president is granted any discretion; nor incidentally, does it require the chief justice to be petitioned to act. With the refusal of the National Assembly to enact the Gender Bill, the constitutional obligations of the chief justice and the president are unambiguous.

Chief Justice David Maraga is required to advise President Uhuru Kenyatta to dissolve parliament, and the president is obligated to do so. In late , Maraga received two petitions urging him to act pursuant to his constitutional obligations in Article 7 and advise the president to dissolve parliament. Despite these petitions, and the explicit constitutional language obliging him to act, he has yet to advise President Kenyatta to dissolve parliament.

Therefore, last month, when the National Assembly, a body that is itself unconstitutional according to the gender principle as 78 percent of the MPs are men, in excess of the constitutional maximum of two-thirds or 67 percent , denied the Gender Bill the requisite quorum, it did so with full knowledge of the consequences. This deliberate defiance to trigger a constitutional provision on the dissolution of parliament is a decisive test of not only constitutional officeholders the chief justice and the president but also the supremacy of the constitution itself.

Since the decision, there has been no statement from the government's chief legal adviser - Attorney General Paul Kihara.

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This is not surprising given that the attorney general is a part of an unconstitutional and illegal cabinet, which itself violates the gender principle just like parliament men make up 75 percent of the cabinet. The government's chief legal adviser, therefore, holds office in violation of the constitution and a court order. On March 1, , the president signalled his continued rejection of the limits of constitutional and judicial authority on his office by nominating Professor George Magoha, a man, for the role of education minister.

The systematic violation of the constitutional provisions on women's inclusion extends well beyond parliament.


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The Gender Bill may merely be the means for elements within the government to upend the constitutional order in Kenya. Whatever happens next, it now appears that Kenya is in the throes of a constitutional crisis. We do not need to tarry very long assessing blame, but rather commit to righting this wrong and spare our State further embarrassment.

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The task is daunting, but one we must embrace now without reservation. I am confident that Governor Ivey and the Legislative leadership in the State of Alabama understand the nature of this inherited problem and that they are committed to sustainable solutions.


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  • CivilRights usa. Additional information about the Civil Rights Division of the Justice Department is available on its website at www. Justice News Department of Justice. Chief Justice David Maraga is required to advise President Uhuru Kenyatta to dissolve parliament, and the president is obligated to do so. In late , Maraga received two petitions urging him to act pursuant to his constitutional obligations in Article 7 and advise the president to dissolve parliament.

    The Constitution Needs a Reboot - POLITICO Magazine

    Despite these petitions, and the explicit constitutional language obliging him to act, he has yet to advise President Kenyatta to dissolve parliament. Therefore, last month, when the National Assembly, a body that is itself unconstitutional according to the gender principle as 78 percent of the MPs are men, in excess of the constitutional maximum of two-thirds or 67 percent , denied the Gender Bill the requisite quorum, it did so with full knowledge of the consequences. This deliberate defiance to trigger a constitutional provision on the dissolution of parliament is a decisive test of not only constitutional officeholders the chief justice and the president but also the supremacy of the constitution itself.

    Since the decision, there has been no statement from the government's chief legal adviser - Attorney General Paul Kihara. This is not surprising given that the attorney general is a part of an unconstitutional and illegal cabinet, which itself violates the gender principle just like parliament men make up 75 percent of the cabinet. The government's chief legal adviser, therefore, holds office in violation of the constitution and a court order.

    Parliament fails to meet constitutional deadline to amend some laws inconsistent with statute

    On March 1, , the president signalled his continued rejection of the limits of constitutional and judicial authority on his office by nominating Professor George Magoha, a man, for the role of education minister. The systematic violation of the constitutional provisions on women's inclusion extends well beyond parliament. The Gender Bill may merely be the means for elements within the government to upend the constitutional order in Kenya.

    Whatever happens next, it now appears that Kenya is in the throes of a constitutional crisis.

    10 reasons why America’s first constitution failed

    Will the chief justice act in defence of the constitution of Kenya? Or, as a member of an unconstitutional Supreme Court which also violates the gender principle with men holding 71 percent of membership , will he continue to be complicit in the constitutional violations and with his inaction deal the fatal blow to the constitution?

    If Chief Justice Maraga does play his constitutional role, will President Kenyatta, who has repeatedly violated the constitution and defied the judicial branch, finally abide by the law or will we witness this administration's decisive break with the legal framework?