Tuesday September 22, 2020 – Chief Justice David Maraga’s directive to President Uhuru Kenyatta to dissolve Parliament for failing to pass the two-third gender laws has elicited heated debate among lawyers and politicians.

Both politicians and lawyers have agreed that the directive will dent the President’s legacy as he pushes for the realisation of the Building Bridges Initiative and constitutional changes. 

Sending MPs home will create another headache for Kenyatta as he requires the support of the house to push his agenda. 

“Where does Maraga’s advice leave the BBI, and can parliament take any step in light of today’s events?”

“Of course if Uhuru wrongly and regrettably dissolves the house, the BBI story will be over as we will go to elections,” Senior Counsel Ahmednasir Abdullahi advised. 

Former National Assembly Majority Leader, Aden Duale, argues that pushing Uhuru to dissolve Parliament will only jeopardise his plans.

He also pointed out that Kenyatta may lose his Presidency because he also may be forced to seek a re-run to complete his term. 

Responding to Duale, lawyer Charles Kanjama, stated that the election of MPs will be treated as a by-election and not a General Election.

The elected MPs will steer their constituencies until Kenyatta dissolves the house again for the 2022 General Elections. 

Law Society of Kenya President, Nelson Havi, a staunch supporter of Maraga, argued that Kenyatta had 21 days to make a decision as opposed to Duale’s interpretation. 

“President Uhuru Kenyatta must dissolve Parliament within 21 days.”

“If he does not, all laws enacted and decisions made by Parliament thereafter will be of no effect.”

“The people should reclaim sovereignty,” Havi stated. 

On the other hand, Siaya Senator James Orengo supported Maraga’s call, adding that how Kenya applies foundational principles and values of the rule of law and constitutionalism has now become the biggest test. 

However, Thirdway Alliance Secretary General, Fredrick Okango, argued that CJ Maraga’s advisory to dissolve Parliament seemed to be a reaction from the failure by the President to appoint the 41 judges recommended by Maraga. 


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