Political analyst Mutahi Ngunyi has warned Members of Parliament that rejecting the Two-thirds Gender Rule Bill could expose Parliament to dissolution under the Constitution.
In remarks shared on social media on 21 November 2018, Ngunyi said Article 261 gives Chief Justice David Maraga the power to dissolve Parliament if the Gender Bill fails to pass. He urged MPs to take the threat seriously, saying they should be “very afraid” if they sabotage the measure.
“If the Gender Bill does not pass, Article 261 of the Constitution gives powers to Maraga (David) to dissolve Parliament. Given his history, Maraga will dissolve Parliament,” Ngunyi wrote. “MPs should be afraid. Very afraid. #GenderBill,” he added.
The warning came as Parliament began debating the Bill on Tuesday, with Majority Leader Aden Duale also pressing MPs to support it. The legislation is intended to increase the number of women nominated to Parliament in line with the two-thirds gender rule.
Under the Constitution, if Parliament fails to enact a required law within the set period, anyone may move to have it dissolved. The Bill seeks to amend Article 97 and create special seats for women, to be allocated by political parties according to their strength in Parliament.
The proposal is tied to Article 81(b) of the Constitution and, if implemented, could add to the cost of the House by about Sh60 million a month in salaries and allowances for the extra MPs.
