Dissolving Parliament Could Be President Uhuru Kenyatta’s Legacy To Define The Constitution As The Supreme Law Of The Land
The 2010 constitution finally reinforced the separation of powers in Kenya which is a cardinal principle of democracy. The Executive is divorced from the Legislature. The presidency, cabinet and civil service are not tied to parliament. Both the president and the deputy as well as the cabinet secretaries are not members of the legislature which ensures continuity of government.
This is a true blessing that sound minded Kenyans should embrace because under the previous dispensation what the CJ has advised, would have been catastrophic because the presidency and cabinet were also members of the legislature. This is the best opportunity ever for finally getting a parliament that understands it’s mandate.
On the same note we are finally witnessing a truly independent judiciary playing it’s rightful role as the custodian of rule of law and justice in our motherland. This is not personal it is democracy at work.
The judiciary calling for the dissolution of parliament is a perfect application of the democratic principle of separation of powers. The parliamentarians have been caught napping and now they have to face the music. The executive and legislature have repeatedly abused their power and disrespected the judiciary. Now it’s payback time and am sorry to say when it comes to constitutional matters, both the executive and most parliamentarians play in the “minor leagues”.
The Kenyan legislature has been out stepping it’s boundaries because of a false impression of invincibility. Parliamentarians naively and ignorantly thought they were the Alpha and Omega totally untouchable. With a stroke of brilliance and acumen the CJ, got them napping and now they are all shivering. It’s game over.
By law, the president is required to act within 21 days of the issuance of the advice by the CJ. Failure to act will be a dereliction of duty on the part of the President and will effectively make any other decision taken by the President after 21 days unconstitutional and therefore illegal. Similarly parliament will have lost it’s legitimacy and consequently it’s law making powers meaning that any law passed by the 12th Parliament will be deemed illegal and unenforceable. Basically Kenya will become a pariah state without a rule of law. This will plunge the country into a constitutional crisis which will make it ungovernable.
In the final analysis it all boils down to the president’s legacy. He is trapped between a rock and a hard place. If he wants a legacy of a statesman, he will do the right thing and obey the constitution. There is already too much pressure on him now he cannot fail to act. Dissolution of parliament is the prudent thing to do now however he may try and use this as a bargaining chip to bring parliament to heel. The president basically has all the cards and how he chooses to play them will define his presidency. Legal challenges on the advisory are irrelevant and sideshows, an act of Hail Mary so to speak.
All we are waiting for now, is for the president to finally shape his legacy. Does he want to go down as the man who violated the supreme law of the land or the principled statesman who upheld the rule of law at the most critical juncture of the embryonic development of Kenyan democracy? This is it ladies and gentlemen. President Uhuru Kenyatta will be remembered not for what he has done for the last eight years of his presidency but what he does in the next 20 days. This is how legacies are made. This is what we call a defining moment.
By Bernard Kavyu
CPD Party Leader
London, England, United Kingdom
Dissolving Parliament Could Be President Uhuru Kenyatta’s Legacy
