Did Maraga’s opinion on 2/3 gender rule retire with him?

Retired Chief Justice of Kenya David Maraga’s advisory opinion to the president of Kenya, Uhuru Kenyatta to dissolve parliament is still binding.

Maraga’s advisory was based on the existence of four petitions compelling parliament to implement the two third gender rule according to Article 27(3).

The fate of the advisory opinion is unknown to Kenyans, though the president can choose to abide or not.

According to Maraga, the two-thirds gender rule is in the constitution and grounded on the declaration in Article 27(3) of the Constitution.

This comes when the Law society of Kenya (LSK) through it’s president Nelson Havi, is faced with international wrangles. The LSK body had tried getting the president to dissolve parliament.

The LSK members during their Special General Meeting (SGM) showed a divided body, with some questioning The President Nelson Havi’s leadership others supporting The Chief Executive Officer (CEO) Mercy Wambua.

The LSK members want allegations of some people taking away huge amounts of funds from LSK, thus there is a team supporting the need of an internal and others external auditor to take charge on the matter and put the matter to rest.

The SGM was also expected to deliberate on an impeachment motion against Havi, suspension of some council members and the appointment of advocates to represent the lobby in court cases involving internal wrangles.

The SGM was supposed to ratify the decisions for a way forward but was unfortunately interrupted before major decisions were made.

An advocate of the High Court of Kenya Isaac Cheruyot, based in Nakuru, says that the institution needs accountability for it to thrive. He says the matter is crucial to confirm whether there is loss or not.

“The LSK president is the spokesperson of the society and needs to stand firm to avoid influence from external forces that can tamper with the body”. says Cheruyot.

Ironically, Havi had pushed for the SGM to have Wambua removed, unfortunately, a section of lawyers wanted to impeach though he has been in office for 11months.

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