1. At a Special Meeting held today, Tuesday, 22nd September 2020, the Parliamentary Service Commission, pursuant to its mandate under Article 127 of the Constitution and after consultation with the Speakers of the two Houses of Parliament deliberated on the reports in the public domain that the Rt. Hon. Chief Justice has advised His Excellency the President of the Republic of Kenya to dissolve Parliament for alleged failure to enact legislation to give effect to the two-third gender rule.

2.​ The Commission has taken the firm position that the action by the Rt. Hon. Chief Justice to advice His Excellency the President as aforesaid is ill advised, premature and unconstitutional and is a recipe for plunging the country into a constitutional crisis of monumental proportions.

3.​ The Commission notes with disappointment that the Rt. Hon. Chief Justice has ignored fundamental issues that go to the root of the fabric and structure of our Constitution in advising the President to dissolve Parliament. In particular, the Honourable Chief Justice glossed over the fact that there are two High Court petitions set for hearing on 7th October 2020 to determine, among other issues, whether the order made by Justice Mativo on 29th March 2017 during the tenure of the 11th Parliament is applicable to the 12th Parliament which was elected in August 2017. It is therefore premature for the Rt. Hon. Chief Justice to take this action while the High Court is yet to determine this matter.

5.​ The Commission notes that the Rt. Hon. Chief Justice in his advice to His Excellency the President stated as follows, “In the circumstances, let us endure pain, if we must, if only to remind ourselves, as a country, that choices, and particularly choices on constitutional obligations, have consequences. Let us endure pain if only to remind the electorate to hold their Parliamentary representatives accountable.”

6.​ The Commission regrets that the Rt. Hon. Chief Justice appears to be willing, even eager, to plunge the country into a constitutional crisis without exercising the wisdom and circumspection that is expected of the high office that he holds.

7.​ For the reasons advanced herein, among others, the Parliamentary Service Commission in furtherance of its constitutional mandate and on the request of the Speakers of the two Houses of Parliament has resolved to engage counsel to immediately proceed to the High Court pursuant to Article 165(3) of the Constitution to challenge the unlawful and unconstitutional action taken by the Rt. Hon. Chief Justice.

8.​ In the meantime, the Parliamentary Service Commission is convinced that the present matter shall be resolved lawfully and calls for calm and sobriety in order to avert the kind of national anxiety and despondency that the action of the Rt. Hon. Chief Justice could elicit.