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The elected political class was on Monday thrown into a state of confusion after Chief Justice David Maraga advised President Uhuru Kenyatta to dissolve Parliament for failing to pass a law that would effect the two thirds rule.
Some of the politicians retreated privately to come up with a favorable position but for Elgeyo Marakwet Senator Kipchumba Murkomen, his thoughts were published on Twitter which ultimately demonstrated the struggle for a response.
Minutes after Maraga wrote the letter to President Kenyatta, Murkomen heaped praise on the Chief Justice and advised the head of state to dissolve Parliament immediately.
"Mr.President now therefore dissolve Parliament. Immediately!"
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"I have consistently believed in the mainstreaming of marginalized&minority groups including women&persons living with disabilities. CJ Maraga’s Advise to President has come at the right time to help the country refocus herself on the respect&full implementation of the Constitution,"
The former Majority Whip went as far as mocking his colleagues who questioned Maraga's action.
"CJ should have afforded Parliament an opportunity to be heard ,before him, prior to issuing the advisory.We would have brought to his attention a bill that's before Senate's Justice Committee on the matter.Also,Senate has adhered to 2/3 rule.Hence,why punish Senate?" Senate Majority Whip Irungu Kangata said.
"Usiogope bro, ukishinda Hon.Kembi Gitura kwa hiyo by election you can come back and fight for Majority Whip. Shida sijui kama Jubilee bado itakuwa Majority Party," Murkomen responded to Kangata.
However, the Elgeyo Marakwet Senator appeared to have had a change of mind about three hours after the Maraga letter.
Murkomen said it was unfair for Maraga to call for dissolution of Parliament for not achieving the two thirds gender rule since it did not have powers to amend the Constitution.
"To implement Gender rule you have to amend the Constitution itself not enact legislation. Where did you get power to advise dissolution where there is no provided obligation?How was Parliament expected to enact legislation to cure internal contradictions in the Constitution?"
"In other words to increase number of MPs for gender rule you must amend Art.97&98 which limits the number of MPs. There is no obligation on the part of MPs to AMEND the CONSTITUTION or face DISSOLUTION. If it was Act of Parliament I would understand. Constitutional amendment? NO," he said on Twitter.
Despite his position that the advise was unfair, he went on to say he was ready for a by election.
However, he said the new Parliament should serve for five years, a position which would be unconstitutional as those who are elected in by-elections serve until the next general election which would be in August 2022.
"We should seize this moment, dissolve Parliament and hold Mini- General (Parliamentary) elections. The New MPs will serve for 5 years. In 2022 we only have Presidential&County(Governors &MCAs) elections," the Senator opined.