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What If?

With Chief Justice David Maraga's advice to H.E Uhuru Kenyatta to dissolve the Parliament over failure to legislate 2/3 gender rule, many Kenyans are left with "what if?" questions ringing in their head;

Parliamentary Building

"What if" H.E Uhuru Kenyatta dissolve the Parliament?

"What if" H.E Uhuru Kenyatta seek advice to his constitutional Chief advisor A.G Hon Kihara Kariuki?

"What if" H.E Uhuru Kenyatta consult his Political allies Hon Raila Odinga, Hon William Ruto, e.t.c?

"What if" the Parliament challenges the C.J to High Court?

"What if" the Courts declare Parliament unconstitutional and operating illegally?

"What if" by elections are held?

"What if" nothing happens and Parliament continue to operate until 2022?

"What if" LSK and other activists organize Countrywide demonstrations to oust the Parliament? 

Baba Ngina

But if you look at the constitution of Kenya Article 269. On Consequential legislation, it says that;

(1) Parliament shall enact any legislation required by this Constitution to be enacted to govern a particular matter within the period specified in the Fifth Schedule, commencing on the effective date.

(2) Despite clause (1), the National Assembly may, by resolution supported by the votes of at least two-thirds of all the members of the National Assembly, extend the period prescribed in respect of any particular matter under clause (1), by a period not exceeding one year.

(3) The power of the National Assembly contemplated under clause (2), may be exercised--

(a) only once in respect of any particular matter; and 

(b) only in exceptional circumstances to be certified by the Speaker of the National Assembly.

(4) For the purposes of clause (1), the Attorney-General, in consultation with the Commission for the Implementation of the Constitution, shall prepare the relevant Bills for tabling before Parliament, as soon as reasonably practicable, to enable Parliament to enact the legislation within the period specified.

(5) If Parliament fails to enact any particular legislation within the specified time, any person may petition the High Court on the matter.

(6) The High Court in determining a petition under clause (5) may--

(a) make a declaratory order on the matter; and 

(b) Transmit an order directing Parliament and the Attorney General to take steps to ensure that the required legislation is enacted, within the period specified in the order, and to report the progress to the Chief Justice.

C.J David Maraga


(7) 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.

(8) If Parliament has been dissolved under clause (7), the new Parliament shall enact the required legislation within the periods specified in the Fifth Schedule beginning with the date of commencement of the term of the new Parliament.

(9) If the new Parliament fails to enact legislation in accordance with clause (8), the provisions of clauses (1) to (8) shall apply afresh.


Kangema MP Hon Kigano who contested for 43 years before winning

With all that, the current parliamentarians hope is now in the hands of three people; The President, The Court and The Attorney General, failure to which they face ruthless, heartless and merciless Wanjiku.

If you're still troubled by all this uncertainty questions, I suggest you assume nothing will happen and wait until 2022. The Executive arm of Government can't agree to waste Billions of money to canduct an election in span of less than two years to the General Elections due to a mistake of Legislature or Judiciary.

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