Chief Justice David Maraga has asked President Uhuru Kenyatta to dissolve Parliament over its failure to implement the two-thirds gender rule
Putting into consideration the implications and the cost of such a decision the CJ asked Kenyans to “endure pain if only to remind ourselves that, as a country, being a democracy that has chosen to be governed by the rule of law, we must say no to impunity and hold everyone accountable for their actions or omissions.
“Your Excellency, it is my constitutional duty to advise you, the President of the Republic of Kenya, which I hereby do, to dissolve Parliament in accordance with Article 261(7).”
Elgeyo Marakwet senator Kipchumba Murkomen and his Kericho counterpart Aaron Cheruiyot have disagreed on the letter by Chief Justice David Maraga asking President Uhuru Kenyatta to dissolve parliament. While Mr Murkomen called on the head of state to do as he was asked by Maraga, Cheruiyot appeared to cast aspersions on the usefulness of dissolving parliament.
“Mr.President now therefore dissolve Parliament. Immediately!” Murkomen wrote in his tweet.
Senator Cheruiyot held the view that there was no guarantee that in the event the president dissolves parliament that the next parliament would pass the law. He vouched for the matter to be left to the Kenyan people whom he described as supreme.
On a personal opinion the gray areas in the current constitution were not dealt with and instead of fixing them, those in power have chosen to mess it more by proposing what is widely rumored as a creation of positions for themselves.
The CJ has pulled the trigger “dissolve parliament” for “not enacting the two thirds gender rule” The President whose AG should have adviced has no option in this.
On this very moment 3 years ago, the CJ did a similar thing and declared the Presidential election results null and void forcing us to repeat the elections.
What next? Campaign mood and elections that give new set of Mps who will have to sit for 5 years. Does this alter the electoral calender?
Earlier, lawyer Nzamba Kitonga had said that in the event of the recommendation that the CJ has now submitted to the President, there is a likelihood that it will be challenged in court.
“From a constitutional standpoint, once the Chief Justice transmits his recommendation, the President is bound to act, and the Constitution allows him to act in one way only. That is something that has serious constitutional, legal and political consequences and the President would need to consult far and wide, including with the political leadership. But as to whether this president can follow through on the CJ’s recommendation is another matter,”