The Law Society of Kenya (LSK) on Thursday September 24 stated that it has ordered the National Treasury and Interior ministries to stop the remittance of salaries for MPs and withdraw of their bodyguards.
LSK President Nelson Havi while addressing the media highlighted that the advisory issued by Chief Justice (CJ) David Maraga renders MPs unlawfully in office on October 12.
CJ Maraga issued the advisory on September 21, asking President Uhuru Kenyatta to dissolve Parliament because of its failure to enact legislation to effect the two-thirds gender rule promised in the 2010 Constitution.
“The advisory does not end the terms of the President, governors, and members of county assemblies. There is no constitutional crisis and the business of government will not come to halt. No financial burden shall lie on the shoulders of taxpayers,” stated Havi during the press conference at the LSK headquarters in Nairobi.
He also urged Kenyans to occupy Parliament buildings from October 12, if President Uhuru Kenyatta will not have dissolved Parliament as advised by Maraga.
“Following the advice by the Chief Justice to the President of the Republic of Kenya to dissolve Parliament on September 21, 2020, we notify you that Members of National Assembly and Senators of the 12th Parliament will be unlawfully in office effective October 12, 2020, being twenty-one (21) days from the date of the said advice,” said LSK in a letter to the National Police Service Inspector-General Hillary Mutyambai imploring him to withdraw MPs bodyguards.
The State decision came as opposition leader Raila Odinga warned that Maraga’s advisory could plunge the country into a constitutional crisis, a stance LSK revealed is not likely given that other arms of the government will still be operational if MPs are sent home.
Raila meanwhile called for patience among Kenyans from the President as he engages in wide consultations on the contentious issue.
“I appeal to the President to consult as widely as possible before taking any action on this matter and ensure that the overall interests of the people are served by any action he finally decides to take.
“In circumstances where institutions have failed as is the case with Parliament currently, the Constitution gives power to citizens to act directly and not through their elected representatives to have their aspirations realised,” read his statement in part.
Nelson Havi, President, LSK: Cognizant of the continued disregard of the Constitution & the rule of law by elected & appointed leaders, and in exercise of the sovereignty of the people of Kenya, LSK shall lead the people of Kenya to occupy Parliament effective October 12, 2020. pic.twitter.com/GoEv1synd3
— Citizen TV Kenya (@citizentvkenya) September 24, 2020