Attorney General Kihara Kariuki has warned that President Uhuru Kenyatta’s term may be extended to 2025 if the advisory to dissolve Parliament issued by Chief Justice David Maraga is implemented.
Kariuki viewed the dissolution of Parliament as advised by Maraga as possessing devastating domino effects due to a number of gaps that he pointed out in the current constitution.
The AG revealed that the Constitution envisages that the term of a President would start after the general election where MPs are elected.
He added that the law was not clear on whether dissolving Parliament would result in a by-election or a general election. A by-election would see the new Parliament serve to August 2022 but a general election would see the new Parliament get a new term up to 2025.
“If Parliament commences a fresh term that falls out of the constitutional date for a General Election, the same will have the effect of altering the term of office of the president as, ordinarily, a presidential election may be held only on the same date as the General Election for MPs.”
“The new Parliament will also get a fresh term of five years. Such a term may run out of the constitutional date for the conduct of the General Election of MPs, which is held on the second Tuesday of August in every fifth year,” the AG revealed in filings made at the High Court.
His response was made in a case where the High Court was petitioned to rule the advisory issued by Maraga as unconstitutional and block President Uhuru Kenyatta from implementing it.
The ruling intimated that the suspension would be in place pending the determination of a petition filed by two Kenyans.
They filed the petition calling for the head of state not to dissolve Parliament with the belief that the move would orchestrate catastrophic constitutional outcomes.
Maraga had on Monday September 21 advised President Uhuru Kenyatta to dissolve parliament for its failure to enact the two-thirds gender rule.
In his unprecedented move, Maraga stated Parliament’s refusal to comply with the High Court order to enact legislation required to implement the two-thirds gender rule for over nine years.