President Uhuru Kenyatta. [PSCU]
On Monday, Chief Justice David Maraga wrote to President Kenyatta advising him to dissolve Parliament pursuant to Article 261(7) for failing to enact laws aimed at achieving the two-thirds gender rule.
According to CJ Maraga, calling for the dissolution is within his powers as Chief Justice, and falls within his duty to advise the president.
"If Parliament fails to enact legislation in accordance with an order under clause (6)(b), the Chief Justice shall advise the President to dissolve Parliament and the President shall dissolve Parliament… It is my constitutional duty to advise you, the President of the Republic of Kenya, which I hereby do, to dissolve Parliament," Maraga's statement read in part.
Ahmednasir Lists Options available to Uhuru
Reacting to CJ’s statement, Senior Counsel Ahmednasir Abdullahi put out a series of tweets explaining the options available to President Kenyatta going forward.
“One, the President has no obligation to dissolve Parliament. A transmitory advice from one body to the other can never trigger mandatory consequences. Second, the President taking into the account Maraga's past must see him as a "JUDICIAL ANARCHIST".
"Maraga takes the law too literal not as a result of philosophical disposition but because a deeper and sound reflection is beyond him. Just like in 2017 Maraga plants chaos and mayhem…. Lastly, Uhuru inline with my legal opinion must tell Kenyans that he has taken note of Maraga's advice but elects to shelf it because he takes the view that the more considered views of the GRAND MULLA are much superior to that of MARAGA'S,” he posted on his official Twitter handle.