LSK says President has until October 12 to dissolve Parliament

[Nowayhaha]

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https://nation.africa/kenya/news/lsk-says-president-has-until-october-12-to-dissolve-parliament-2371188

The Law Society of Kenya (LSK) says President Uhuru Kenyatta has until October to dissolve Parliament over the two-thirds gender rule. It wants MPs' salaries stopped, security withdrawn and parliamentary precincts and constituency offices closed on October 12.

LSK says there is no lacuna in law on what happens going forward: IEBC should conduct a mass by-election within 90 days and those elected are supposed to serve for the remainder of the term.

LSK says the President's term, as well as those of governors and MCAs, are not affected by the dissolution. "The President will be in violation of the Constitution should he fail to dissolve Parliament on or before October 12, 2020. Regardless of the President's action or inaction, Parliament will be unlawful effective October 12, 2020," LSK President Nelson Havi said.

"Any legislative authority exercised by Parliament will be without the authority of the people of Kenya. This is the anathema that those we elected want to subject us to. It is incumbent upon the people to refuse to be taken through this path."

LSK says the CJ acted on behalf of the people of Kenya in making the advisory to the President to dissolve Parliament.

"The exercise of this power cannot be challenged in court or anywhere else because the supremacy of the Constitution of Kenya is beyond the pale of such a judicial challenge," said Mr Havi.

Mr Havi said he had written to the ministries of Interior and the National Treasury as well as the Parliamentary Service Commission to effect their demand that salaries be stopped, and police and security attached to MPs be withdrawn by October 12

[RV Pundit]

Where does he get October 12th.

[RV Pundit]

I guess the reading of article 101 - if CJ action is akin to the speaker declaring the seat vacant.

(1) A general election of members of Parliament shall be held on the second Tuesday in August in every fifth year.
(2) Whenever a vacancy occurs in the office of a member of the National Assembly under Article 97 (1) (c), or of the Senate under Article 98 (1) (b), (c) or (d), the respective Speaker shall, within twenty-one days of the occurrence of the vacancy, give notice in writing of the vacancy to--

(a) the Independent Electoral and Boundaries Commission;
and
(b) the political party on whose party list the member was elected or nominated.

(3) A vacancy referred to in clause (2) shall, subject to clause (5), be filled in the manner prescribed by an Act of Parliament within twenty-one days of the notification by the respective Speaker.
(4) Whenever a vacancy occurs in the office of a member of the National Assembly elected under Article 97 (1) (a) or (b), or of the Senate elected under Article 98 (1) (a)--

(a) the respective Speaker shall, within twenty-one days after the occurrence of the vacancy, give notice in writing of the vacancy to the Independent Electoral and Boundaries Commission; and
(b) a by-election shall be held within ninety days of the occurrence of the vacancy, subject to clause (5).

(5) A vacancy referred to in clause (4) shall not be filled within the three months immediately before a general election.

< 100. Promotion o

[RV Pundit]

I think Havi should file the case against each of 416 Mps based on this article - to determine whether their seats are indeed vacant. If Uhuru fails to act.

1) The High Court shall hear and determine any question whether--

(a) a person has been validly elected as a member of Parliament; or
(b) the seat of a member has become vacant.

(2) A question under clause (1) shall be heard and determined within six months of the date of lodging the petition.
(3) Parliament shall enact legislation to give full effect to this Article.

[Nowayhaha]

I think Havi should file the case against each of 416 Mps based on this article - to determine whether their seats are indeed vacant. If Uhuru fails to act.

1) The High Court shall hear and determine any question whether--

(a) a person has been validly elected as a member of Parliament; or
(b) the seat of a member has become vacant.

(2) A question under clause (1) shall be heard and determined within six months of the date of lodging the petition.
(3) Parliament shall enact legislation to give full effect to this Article.

I believe this is in the kitchen, LSK under Havi have gone to file  cases of public interest latest one being the the merger of KPA, kenya pipeline .
The most important thing is when he said 
https://www.the-star.co.ke/news/2020-09-24-lsk-asks-matiangi-to-withdraw-mps-senators-security-over-maraga-advisory/

Havi also urged Kenyans to occupy Parliament buildings from October 12, if President Uhuru Kenyatta will not have dissolved Parliament as advised by Maraga.

[Kichwa]

Havi is a thug.  He is the president of the most powerful criminal cartel in Kenya and yet he acts as if somehow is elected by the people.  Havi is clearly the one behind this irresponsible advice/order.  I wonder what he has over Maraga.

I think Havi should file the case against each of 416 Mps based on this article - to determine whether their seats are indeed vacant. If Uhuru fails to act.

1) The High Court shall hear and determine any question whether--

(a) a person has been validly elected as a member of Parliament; or
(b) the seat of a member has become vacant.

(2) A question under clause (1) shall be heard and determined within six months of the date of lodging the petition.
(3) Parliament shall enact legislation to give full effect to this Article.

[Njuri Ncheke]

Havi is a thug.  He is the president of the most powerful criminal cartel in Kenya and yet he acts as if somehow is elected by the people.  Havi is clearly the one behind this irresponsible advice/order.  I wonder what he has over Maraga.

I think Havi should file the case against each of 416 Mps based on this article - to determine whether their seats are indeed vacant. If Uhuru fails to act.

1) The High Court shall hear and determine any question whether--

(a) a person has been validly elected as a member of Parliament; or
(b) the seat of a member has become vacant.

(2) A question under clause (1) shall be heard and determined within six months of the date of lodging the petition.
(3) Parliament shall enact legislation to give full effect to this Article.

Funny you see him as a "thug" he is a hero to many. He is one of the few guys that make gatheca and baba shit bricks

[patel]

You Nailed him. Havi and ahmednassir are thugs, worst criminals that should be taken out for kenya judiciary to survive. These two fools have been running brownstone operations on all Kenyan judges. Compromising judges and blackmailing them. These 2 should die for kenya to live.

Havi is a thug.  He is the president of the most powerful criminal cartel in Kenya and yet he acts as if somehow is elected by the people.  Havi is clearly the one behind this irresponsible advice/order.  I wonder what he has over Maraga.

I think Havi should file the case against each of 416 Mps based on this article - to determine whether their seats are indeed vacant. If Uhuru fails to act.

1) The High Court shall hear and determine any question whether--

(a) a person has been validly elected as a member of Parliament; or
(b) the seat of a member has become vacant.

(2) A question under clause (1) shall be heard and determined within six months of the date of lodging the petition.
(3) Parliament shall enact legislation to give full effect to this Article.

[RV Pundit]

They are only bad because they don't support baba.

[gout]

Havi has been elected by lawyers and he has not disappointed. He is the opposition with a laser focus and has the court, I bet.
The downward slope we are on requires such brakes and all sort of bananas thrown at Uhuru.

[GeeMail]

This is a very dicey situation. I'm all for gender balance. The same Parliament that enacts laws has failed to enact a particular law for gender balance. Now public interest is being cited. Except for straitjacket implementation of the letter of the gender law, nobody has demonstrated that failure to enact gender rules has affected public interest. On the other hand it can be demonstrated that a bloated Parliament with idle women reps has badly affected the image of Parliament and drained the public coffers without corresponding returns. Also the same public is the one that voted male MPs. So public interest cannot be demonstrated outside a referendum or BBI.

[RV Pundit]

Why does it need to be anchored on public interest - when it firmly secured in the constitution.

The Constitution of Kenya 2010 in Article 27( of the Bill of Rights provides that: “The State shall take legislative and other measures to implement the principle that not more than two thirds of the members of elective or appointive bodies shall be of the same gender.”

Also Article 81(B) - emphasis this point

he electoral system shall comply with the following principles--

(a) freedom of citizens to exercise their political rights under Article 38;
(b) not more than two-thirds of the members of elective public bodies shall be of the same gender;
(c) fair representation of persons with disabilities;
(d) universal suffrage based on the aspiration for fair representation and equality of vote; and
(e) free and fair elections, which are--

(i) by secret ballot;
(ii) free from violence, intimidation, improper influence or corruption;
(iii) conducted by an independent body;
(iv) transparent; and
(v) administered in an impartial, neutral, efficient, accurate and accountable manner.

This is a very dicey situation. I'm all for gender balance. The same Parliament that enacts laws has failed to enact a particular law for gender balance. Now public interest is being cited. Except for straitjacket implementation of the letter of the gender law, nobody has demonstrated that failure to enact gender rules has affected public interest. On the other hand it can be demonstrated that a bloated Parliament with idle women reps has badly affected the image of Parliament and drained the public coffers without corresponding returns. Also the same public is the one that voted male MPs. So public interest cannot be demonstrated outside a referendum or BBI.