The Chief Justice of the Republic of Kenya David K. Maraga on 21st September 2020 delivered a shocker, a tsunami to the elected leaders of Kenya from President Uhuru Kenyatta and the Executive,to the Parliament consisting of the Senate and the National Assembly who have from 2013 treated the Constitution with disrespect and parochial self interests when Chief Justice Maraga in fidelity to the Constitution advised the President to dissolve Parliament for failing to enact legislation required to implement the two thirds gender rule as to the composition of that same Parliament.
Yes, the Chief Justice’s exercise of the Constitutional duties, obligations cast upon him by Article 261(7) is an act of supreme bravery. Article 2(1) of the Constitution of Kenya 2010 is explicit that the Constitution is the Supreme Law of the Republic of Kenya and binds all persons and all state organs at both levels.
Parliament has been playing games, a merry go round on the question of the two thirds gender rule in its composition since 2013 citing flimsy excuses, scapegoats and under the delusion that its untouchable, its elected and nominated members are above the law and that nothing could be done against it in its impunity.
The decision, advise given by the Chief Justice is irreversible, not capable of being recalled without violation the Constitution. The President has no option but to dissolve the current Parliament or it shall stand as illegitimate if it continues to purport to legislate notwithstanding its constitutional death knell delivered by the brave Chief Justice.
If those promoting the BBI cannot respect the Constitutional verdict of the Chief Justice then they have no Constitutional or moral right to clamour for the review of the same Constitution.
Make no mistake the selfish politicians will yet again miss the Constitutional moment ushered by Chief Justice Maraga and embark on massacre of and defilement of the same Constitution.
Those who have been treating the Constitution of Kenya 2010 as an inconvenience to their selfish parochial interests be warned that the Constitution is the Supreme Law and they ignore it at their greatest detriment and peril.
This is the greatest moment of whether we shall evolve as a Constitutional democracy or slide into a banana Republic. The politicians who have been caught flat footed and the executive will resort to the intimidation of the judiciary to salvage the dissolved Parliament and those will be further acts of impunity. The Chief Justice decision is informed by Court Orders made to Parliament to obey, uphold the Constitution they as elected members of Parliament have consistently ignored failed comply with despite having taken the oath to uphold, obey and defend.
This act of courage is a brutal daring reminder to the Executive and the Legislature that they are not above the Supreme Law of the Republic of Kenya, the Constitution of Kenya 2010.