Kenya: Thirdway Seeks Decree Requiring Parliament Dissolution Within 21 Days

29 September 2020

Nairobi — Thirdway Alliance Party filed a petition at the Constitutional Division of the High Court on Tuesday seeking a court decree compelling President Uhuru Kenyatta to act on Chief Justice David Maraga's Parliament dissolution advice within 21 days.

The party, in an urgent petition filed its chief counsel Elias Mutuma, argued that the advice render by CJ Maraga was mandatory and required to be enforced within a reasonable timeframe which could not exceed 21 days.

The party argued that in the absence of an express timeline provision in the Constitution (2010) within which the President would dissolve Parliament, a reasonable timeline would be presumed.

The petitioner also sought an interpretation on the kind of an election which would ensue following the dissolution of Parliament.

According to the petitioner, the dissolution of Parliament would only trigger a by-election to complete the five-year term of the twelfth Parliament and not a General Election for a fresh five-year term.

The petitioner also held the view that the dissolution would only affect the National Assembly and not the Senate, hence the Upper House will under the circumstance continue to discharge its functions.

More to follow...

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