The Kenya’s attorney General, who is the principal legal advisor to the president has broken his silence on the ongoing debate culminating from CJ Maraga’s advisory to the President.
In the last two weeks, the debate has been around whether the president has any other other options other than dissolving the parliament on the grounds of not meeting constitutional timelines for implementing the two-third gender rule as advised by the chief Justice.
With some top legal brains, including senior counsel Martha Karua and James Orengo, claiming that the president is bound by the constitution to comply, the Attorney General has now warned on the consequences of compliance with the advisory.
According to AG Kihara, incase the parliament is dissolved, all the members of both parliament (senate and National assembly) will be forced to seek fresh mandate through elections.
Kihara further urgued that the election of the president is tied,by the constitution, to the election of members of parliament.
This is to mean, therefore, that the president will be forced to go back to the ballot together with the MPs to seek fresh mandate from Kenyans.
Given that a presidential election winner takes office for a five years term, the president, should he reclaim his seat, will have to hold the office for an extra five years.
According to multiple political scientists, the president will be forced to have a running mate who will act as his deputy should they win the election. President Kenyatta’s fallout with his deputy giving a bigger headache to the president advisors.
Though the president isn’t time bound in implenting the advisory, legal experts have argued that his delay in dissolving the parliament is threatening the legitimacy of the parliament.
According to Jean Mburu, a law scholar, any citizen may move to court to challenge any decision made by the parliament since a house which has been declared unconstitutional can not purport to make any legislation.