Gender rule is golden chance for BBI

[RV Pundit]

You only good in heckling otherwise political analysis require at least some basic grounding in law and other stuff.

Uhuru-Raila have limited cards. You cannot purport to implement part of constitution you like and disregard others.

You can waste billions - and eventually the referendum will be declared null and void.

Uhuru has to implement the orders first. Parliament has to pass gender bill to avoid being disbanded.

You cannot say - wait for us to amend the constitution. It's a thief telling a judge to put the sentencing in pause  to make stealing legal.

And try to read at least Ndii - this issues is at the very core of constitution - the women rights to equality and freedom from discrimination - cannot be made legal...just so parliament cannot be disbanded.

Parliament just acted with insolence otherwise the courts gave them latitude - told them to enact a progressive legislation - that will be aspirational.

Uhuru (and Raila) has the levers now - accept that - cause he will decide what referendum question or new gender bill will say. Referendum on 1 question is wastage - duhh - so let bundle 35% devolution and BBI items. Ruto can only oppose or support but has less and less space now to drive the initiative - which is a court- sanctioned imperative. His crew kicked out of major posts in bunge and party.

The politics of it.

[Nefertiti]

Ouch. And yet parliament and Kenyans have failed for 10 years to respect women rights. Reality is not theory. New parliament can come back with fewer women so that definition of madness.

Pundit you are good with excel data - tribes or clan census, economics, pie charts - not hard reasoning. That why you think judge can dissolve parliament or swear judges. Or Maraga cannot be overruled by court. In few weeks - few rulings - we will see what happens.

You only good in heckling otherwise political analysis require at least some basic grounding in law and other stuff.

Uhuru-Raila have limited cards. You cannot purport to implement part of constitution you like and disregard others.

You can waste billions - and eventually the referendum will be declared null and void.

Uhuru has to implement the orders first. Parliament has to pass gender bill to avoid being disbanded.

You cannot say - wait for us to amend the constitution. It's a thief telling a judge to put the sentencing in pause  to make stealing legal.

And try to read at least Ndii - this issues is at the very core of constitution - the women rights to equality and freedom from discrimination - cannot be made legal...just so parliament cannot be disbanded.

Parliament just acted with insolence otherwise the courts gave them latitude - told them to enact a progressive legislation - that will be aspirational.

Uhuru (and Raila) has the levers now - accept that - cause he will decide what referendum question or new gender bill will say. Referendum on 1 question is wastage - duhh - so let bundle 35% devolution and BBI items. Ruto can only oppose or support but has less and less space now to drive the initiative - which is a court- sanctioned imperative. His crew kicked out of major posts in bunge and party.

The politics of it.

[RV Pundit]

Incorrigible. New parliament doesn't have to be made of 1/3. The issue here is  parliament MUST ENACT LEGISLATION. They must pass laws on how to achieve gender equality - at least 1/3.

Nobody has said the next parliament will have to be back with 1/3 women. They can come 100% men but they must pass laws to make sure the constitutional aspiration for gender equality are progressively met.

Women like you - need help - because look at yourself - you're an idiot who can only survive with affirmative action.

Now Mps - have to pass a legislation - that would admit such women into the nipate of kenya.

Ouch. And yet parliament and Kenyans have failed for 10 years to respect women rights. Reality is not theory. New parliament can come back with fewer women so that definition of madness.

Pundit you are good with excel data - tribes or clan census, economics, pie charts - not hard reasoning. That why you think judge can dissolve parliament or swear judges. Or Maraga cannot be overruled by court. In few weeks - few rulings - we will see what happens.

[Nowayhaha]

RV Pundit suggestion seems to be  the final solution to this impediment . Judiciary is known to selfishly safeguard theirs, even in this situation where they have run to the courts - The courts at worst case scenario will just give them a timeline to enact the law  and this would further tie parliaments knot .
On matters constitution the courts seem to stand firm .
Now of course politicians would want to score from anything  , right now I bet all big political players , Uhuru , Ruto and Raila are seeking advice how this stalemate can advantageous to them or it will affect their schemes . You saw Raila came out guarded and gave a statement without essentially saying anything . Torn between BBI /Handshake Referendum and taking advantage of the situation and increasing ODM numbers in parliament .
Now Robina who just a few days ago was singing like a canary that BBI wont happen its just a Raila Manifesto which even he has no plans of implementing now has switched sides just like the legendary Bendera hufuata upepo  and she calls it " Robinas Punditry"  when it comes to the proof in the pudding , Nothing - Hence the flip- flopping and meandering on issues .

Even renowned lawyers like LSK president is saying any business transaction in parliament would be illegal . But Robina thinks she knows better

https://www.the-star.co.ke/news/2020-09-24-maraga-sting-why-uhuru-is-in-dilemma/

The President also faces another political conundrum involving his push for constitutional review through the Building Bridges Initiative.

Law Society of Kenya president Nelson Havi declared the BBI process dead following Maraga's advisory to dissolve Parliament.

"The BBI has suffered a premature death," Havi said adding that going forward Parliament would be operating in contravention of the Constitution.

“Effective Monday, any laws passed by the National Assembly and the Senate are of no effect, they are null and void,” Havi said.

He went on, “Any oversight role, which is ordinarily undertaken by Parliament towards vetting of state appointees, towards giving reports on state agencies, would be of no effect.”

Consequently, Havi said, the Treasury should not release salaries and allowances to MPs.

However, the BBI process through Parliament would hit a roadblock, given the warnings that Parliament's verdicts would be null and void henceforth, following the Maraga advisory.

The litany of the issues puts the President in a tight corner as pressure mounts on him to dissolve the 'August' House to pave the way for by-elections in the 290 constituencies.

[RV Pundit]

There is no more time from the court. The court will only listen if Mps have already passed the legislation. They have been given so much time by the same court. 10yrs.

[Nowayhaha]

There is no more time from the court. The court will only listen if Mps have already passed the legislation. They have been given so much time by the same court. 10yrs.

Mentioned as a worst case scenario for the courts . PSC wont get what they want from the courts however as it happened in 2017 after an year extension from  2015 to 2016
  the courts might provide a timeline to do so again albeit as indicated earlier as a worst case scenario . The best case scenario would be to stay " Maragas advice"

http://constitutionnet.org/news/kenyas-failure-implement-two-third-gender-rule-prospect-unconstitutional-parliament

The prospect of an unconstitutional Parliament

As indicated earlier, the Supreme Court Advisory Opinion required Parliament to provide for mechanisms to implement the two-third-gender principle by 27 August 2015. The National Assembly extended the deadline by one year in line with its constitutional discretion to do so, but only once. According to the Court’s opinion, parliament is to be dissolved where it fails to enact legislation required by the constitution on a particular matter. It follows that the National Assembly and the Senate may be dissolved unless the mechanism to implement the gender principle is passed by 27 August 2016. Kenyan women are preparing to move the Court accordingly.

https://www.loc.gov/law/foreign-news/article/kenya-parliament-ordered-to-enact-legislation-related-to-increasing-the-number-of-female-members/
Apr. 19, 2017) On March 29, 2017, the Constitutional and Human Rights Division of the High Court of Kenya at Nairobi found that the two houses of the national legislature, the National Assembly and the Senate, failed to perform their constitutional obligation to ensure that not more than two-thirds of their members be of the same gender (the two-thirds gender rule).  The High Court ordered them and the Attorney-General to take the necessary steps to enact legislation for the implementation of this constitutional requirement within 60 days or be subject to a petition for the two houses’ dissolution.  (Centre for Rights Education and Awareness & 2 Others v The Speaker The National Assembly & 6 Others [2017] eKLR, Kenya Law website.)

[RV Pundit]

Under what powers can a junior judge stay a chief justice orders...especially one that clearly written in the constitution.

So Chief Justice will now appoint a lawyer or represent himself before his junior - who now is more wiser than the BOSS.

Some things are funnier than funny.

If PSC were serious - they should have approached Maraga long time ago.

Only recourse is for Uhuru to sit on this illegally. Otherwise if I was Maraga - I would recall that case file - and thrash it - if some judges was stupid enough not to dismiss it in limine.

So after Uhuru as executive PORK has dismissed your case - you appeal to your local DC to overturn it

There is no more time from the court. The court will only listen if Mps have already passed the legislation. They have been given so much time by the same court. 10yrs.

Mentioned as a worst case scenario for the courts . PSC wont get what they want from the courts however as it happened in 2017 after an year extension from  2015 to 2016
  the courts might provide a timeline to do so again albeit as indicated earlier as a worst case scenario . The best case scenario would be to stay " Maragas advice"

http://constitutionnet.org/news/kenyas-failure-implement-two-third-gender-rule-prospect-unconstitutional-parliament

The prospect of an unconstitutional Parliament

As indicated earlier, the Supreme Court Advisory Opinion required Parliament to provide for mechanisms to implement the two-third-gender principle by 27 August 2015. The National Assembly extended the deadline by one year in line with its constitutional discretion to do so, but only once. According to the Court’s opinion, parliament is to be dissolved where it fails to enact legislation required by the constitution on a particular matter. It follows that the National Assembly and the Senate may be dissolved unless the mechanism to implement the gender principle is passed by 27 August 2016. Kenyan women are preparing to move the Court accordingly.

https://www.loc.gov/law/foreign-news/article/kenya-parliament-ordered-to-enact-legislation-related-to-increasing-the-number-of-female-members/
Apr. 19, 2017) On March 29, 2017, the Constitutional and Human Rights Division of the High Court of Kenya at Nairobi found that the two houses of the national legislature, the National Assembly and the Senate, failed to perform their constitutional obligation to ensure that not more than two-thirds of their members be of the same gender (the two-thirds gender rule).  The High Court ordered them and the Attorney-General to take the necessary steps to enact legislation for the implementation of this constitutional requirement within 60 days or be subject to a petition for the two houses’ dissolution.  (Centre for Rights Education and Awareness & 2 Others v The Speaker The National Assembly & 6 Others [2017] eKLR, Kenya Law website.)