Maraga explains reasons for recommending dissolution of parliament in 2020
By Nancy Marende, July 2, 2025Former Chief Justice David Maraga has explained the reasons he recommended the dissolution of the 10th parliament in 2020.
Speaking at a local TV station on Wednesday, July 2, 2025, Maraga stated that parliament lacked gender balance towards the end of his term.
According to Maraga, he recommended dissolution to the retired president, Uhuru Kenyatta, after receiving eight petitions.
“Towards the end of my term, the Constitution required Parliament to have gender balance, so that no one gender should have more than two-thirds representation. Parliament was given five years, but those five years passed without the bill being enacted,” he said.
“The Constitution says that if there are petitions by Kenyans, the Chief Justice should recommend to the President to dissolve Parliament. I received eight petitions, so I made the recommendation to dissolve Parliament,” he added.
The letter
On September 21, 2020, Maraga said that though the decision would cause “inconvenience and economic hardship,” it is the “radical remedy Kenyans desired to incentivise the political elites to adhere to and fully operationalise the transformation agenda of the Constitution.”
“Let us endure the pain, if we must, if only to remind ourselves, as a country, that choices, and particularly choices on constitutional obligations, have consequences,” Maraga told the President.
Furthermore, he stated that the two-gender rule is outlined in Article 27 of the 2010 Constitution and is primarily intended to ensure gender parity and fairness in appointments.
“It is incontestable that Parliament has not complied with the High Court order. As such, for over 9 years now, Parliament has not enacted the legislation required to implement the two-thirds gender rule, which, as the Court of Appeal observed in its said judgement, is clear testimony of Parliament’s lackadaisical attitude and conduct in this matter. Consequently, it is my constitutional duty to advise Your Excellency to dissolve Parliament under Article 261 (7) of the Constitution,” he told the president.
The Chief Justice stated that the failure to enact the gender law had demonstrated a lackadaisical attitude and conduct on the part of Parliament in this matter.
Maraga stated that the 10th Parliament held that it did not have sufficient time to enact the bill and sought an extension of one year. The Supreme Court directed that they pass the legislation by August 27, 2015.