Pressure is mounting on embattled President Uhuru Kenyatta to dissolve Parliament following CJ Maraga’s advise. According to Constitutional law experts, ‘shall’ as denoted in law means a must or a directive.
Sources indicate that President Uhuru Kenyatta had gotten whiff of Maraga’s impending hammer while at the Coast and efforts to broker a truce were futile following strained relationship between the two.
Uhuru is today expected to hold a series of close door meetings with the AG, Solicitor General and some of his advisors.
It’s rumored Maraga had been waiting for the perfect time to hold Uhuru by the balls and the opportunity couldn’t have come any better 3 months to his retirement.
Whereas a section of lawyers are of the opinion that Uhuru has no option but to act on the CJ’s recommendation, others point out that the Constitution does not give a timeline for the president to act on the recommendation.
Article 261 (7) provides that if Parliament fails to enact a law in accordance with an order directing it to take steps to ensure that the required legislation is enacted, the Chief Justice shall advise the president to dissolve Parliament and the President shall dissolve Parliament.
Siaya Senator and constitutional lawyer James Orengo tweeted in support of the CJ’s decision but raised his concerns on how it will be implemented.
“CJ Maraga’s advice to the president to dissolve Parliament is momentous, probably the most significant and historic from a constitutional standpoint. How we apply foundational principles and values of the rule of law and constitutionalism is now the big test,” he said.
Senate Majority Chief Whip Irungu Kanga’ta said since the constitution does not define a time frame on implementing the CJ’s recommendation, the president would still be complying with the advisory if he dissolves the House in June 2022.