The country has been awash with analyses and sentiments over the advisory delivered by Chief Justice David Maraga on 21st September, 2020 with regards to the proposed dissolution of the Kenyan Parliament. The advisory to the President is anchored on Article 261 of the Constitution which provides for dissolution of Parliament in the event of its failure to pass the legislation required to implement the new Constitution.
Under Article 27(9) “the State shall take legislative and other measures to implement the principle that not more than two-thirds of the members of the elective or appointive bodies shall be of the same gender”. Thus the Constitution imposes this duty on the State as opposed to Parliament.
Dissolving Parliament would mean going into by-elections in all 47 counties and 290 constituencies, which for a country coming out of the Covid-19 slowdown would be virtually unaffordable.