Close Menu
The Nairobi TribuneThe Nairobi Tribune

    Subscribe

    Get the latest news from Nairobi Tribune

    What's Hot

    Top 50 Motivational Quotes for Men

    December 29, 2024

    Top 50 Motivational Quotes for Students

    December 28, 2024

    55 Best Motivational Quotes for Women

    December 25, 2024
    Facebook X (Twitter) Instagram
    Facebook X (Twitter) Instagram
    The Nairobi TribuneThe Nairobi Tribune
    Subscribe
    • Home
    • News
      • Local
      • Kenya
      • Africa
      • World
    • Politics
    • Finance
    • Business
    • Lifestyle
    • Entertainment
      • Celebrities
    • Sports
    • Tech
    The Nairobi TribuneThe Nairobi Tribune
    Home»Politics»How to Dissolve Parliament in Kenya
    Politics

    How to Dissolve Parliament in Kenya

    Janet MemoBy Janet MemoJuly 15, 2024Updated:July 15, 2024No Comments5 Mins Read
    Facebook Twitter LinkedIn Telegram Pinterest Tumblr Reddit WhatsApp Email
    How to Dissolve Parliament in Kenya
    Credit Source: X, NationAfrica
    Share
    Facebook Twitter LinkedIn Pinterest Email

    Recent events in Kenya, particularly the passage of the Finance Bill 2024 by the legislative arm of Government despite public outcry sparked widespread protests led by the Gen Z demographic that saw invasion of Parliament by the Protestors.

    Following this, discussions are emerging on the possibility of the dissolution of parliament for failing to listen to the citizens they represent.

    This article explores the mechanisms, reasons, and implications of dissolving parliament in Kenya.

    Page Contents

    Toggle
    • Can the President Dissolve Parliament in Kenya?
    • Reasons for Dissolving Parliament in Kenya
      • 1. Failure to Enact Required Legislation
      • 2. Violation of Constitutional Principles
      • 3. Political Deadlock
      • 4. Loss of Public Confidence
    • What’s the Process of Dissolving Parliament in Kenya?
      • 1. Petition
      • 2. Determination of the Petition
      • 3. Chief Justice Review
      • 4. Advisory Opinion
      • 5. Presidential Action.
    • What Happens When Parliament is Dissolved in Kenya?
      • 1. General Election
      • 2. Legislative Vacuum
      • 3. Public Participation
    • Who Runs the Country When Parliament is Dissolved?
    • In Conclusion

    Can the President Dissolve Parliament in Kenya?

    In Kenya, the President does not have unilateral power to dissolve Parliament.

    According to the Constitution of Kenya, the dissolution of Parliament is a complex process that involves multiple steps, and the participation of various constitutional bodies.

    The President can only dissolve Parliament based on advice from the Chief Justice following constitutional provisions.

    Article 261 of the Kenyan Constitution outlines the circumstances under which Parliament can be dissolved. It states that if Parliament fails to enact legislation required to implement the Constitution, the Chief Justice can advise the President to dissolve Parliament after a petition by any member of the public or group.

    Reasons for Dissolving Parliament in Kenya

    There are several reasons why Parliament might be dissolved in Kenya:

    See also  Monday, 17th June Declared a Public Holiday

    1. Failure to Enact Required Legislation

    Article 261 of the Constitution mandates the enactment of specific legislation within stipulated timelines. Failure by the legislature to meet these deadlines can trigger the dissolution process.

    2. Violation of Constitutional Principles

    Persistent violation of constitutional principles and failure to uphold democratic values can be grounds for dissolution of Parliament

    3. Political Deadlock

    Severe political deadlock and inability to pass essential legislation, such as the national budget, can necessitate the dissolution of Parliament to restore order and functionality.

    4. Loss of Public Confidence

    Credit Source: X, StandardKenya

    Significant public dissatisfaction in Parliament can be a compelling reason for considering dissolution. For instance, the recent sustained protests and civil unrest occasioned by the Finance Bill 2024 provide enough ground to dissolve parliament.

    What’s the Process of Dissolving Parliament in Kenya?

    The process for dissolving Parliament in Kenya is outlined in the Constitution and involves several key steps:

    1. Petition

    Any Kenyan citizen or group can file a petition at the High Court citing Parliament’s failure to enact required legislation within specified timelines or other constitutional violations.

    2. Determination of the Petition

    The high court reviews the matter. If it meets the threshold, the court may issue a declaratory order to Parliament and the Attorney General to ensure the enactment of the legislation within the stipulated timeframe and report back to the Chief Justice.

    3. Chief Justice Review

    The Chief Justice (CJ) reviews the petition and legislative report and determines its validity based on constitutional criteria.

    4. Advisory Opinion

    Upon review, if the Chief Justice finds failure by the Parliament to enact required legislation according to the order, the CJ may offer an advisory opinion to the President recommending the dissolution of Parliament.

    See also  Activist Boniface Mwangi Abducted from his Machakos Home

    On 21st September 2020, the then CJ Hon. David Maraga issued an advisory to the 4th President, His Excellency Uhuru Kenyatta to dissolve Parliament for failing to meet the Two-thirds gender rule as stipulated in the 2010 constitution of Kenya.

    5. Presidential Action.

    According to Article 261 clause (7) of the Constitution, the President upon receiving the Chief Justice’s advisory opinion shall dissolve parliament. This action is considered a last resort after all other remedial measures have failed.

    See also: How do I recall my MP?

    What Happens When Parliament is Dissolved in Kenya?

    Credit Source: X

    When Parliament is dissolved in Kenya, several events unfold

    1. General Election

    The Independent Electoral and Boundaries Commission (IEBC), must hold new general elections within ninety (90) days to elect a new parliament.

    2. Legislative Vacuum

    During this period, there is a temporary legislative vacuum, and the parliament ceases to perform its legislative functions, and any pending bills or legislative business is halted.

    The executive arm of the government ensures the continuity of essential government functions until a new parliament comes into office.

    3. Public Participation

    The dissolution and subsequent elections provide an opportunity for increased public participation and the election of representatives who better reflect the public’s wishes and interests.

    Who Runs the Country When Parliament is Dissolved?

    Upon the dissolution of Parliament, the executive arm of the Government runs the country in a caretaker capacity. The President, Deputy President, and Cabinet Secretaries ensure that government operations continue smoothly until the constitution of a new parliament.

    During this period, the government should act in the nation’s interest without making key policy decisions or engaging in controversial actions that would require legislative approval.

    The judiciary and other independent constitutional offices continue to function, providing checks and balances during this transitional period. The electoral body (IEBC), plays a vital role in organizing and conducting the general elections to ensure a timely and fair electoral process.

    In Conclusion

    The dissolution of Parliament is a constitutionally guided process aimed at safeguarding democratic principles and ensuring accountability.

    While the President cannot unilaterally dissolve Parliament, the mechanisms in place allow for corrective measures when Parliament fails to uphold its constitutional duties.

    The recent protests and public outcry over the Finance Bill 2024 highlight the importance of these provisions in maintaining a responsive and accountable government.

    13thparliament Dissolveparliament Gen z protests Kenyaparliament
    Share. Facebook Twitter Pinterest LinkedIn Tumblr Telegram Email
    Previous ArticleWho is Exempted from Paying Tax in Kenya?
    Next Article 2 Kenyans among 5 female athletes most likely to break world record at the Olympics 2024 in Paris.
    Janet Memo

    Janet is the Head of Human Interest Content at Tribune.co.ke, driven by a passion for storytelling with empathy and insight. With a Social Work degree, she amplifies voices and highlights stories that matter. When she’s not writing, Janet loves traveling, cooking, and transforming spaces through home decor.

    Related Posts

    Mutahi Kagwe Biography: Wife, Son, Age, Net Worth, Politics, and Previous Minister Roles

    December 19, 2024

    Who is Luigi Mangione? Key Suspect in the Murder of UnitedHealthcare’s CEO

    December 19, 2024

    Mystery drone sightings over New Jersey: What we know so far

    December 19, 2024
    Add A Comment
    Leave A Reply Cancel Reply

    Subscribe

    Get the latest news from The Nairobi Tribune

    Latest Posts

    Top 50 Motivational Quotes for Men

    December 29, 2024

    Top 50 Motivational Quotes for Students

    December 28, 2024

    55 Best Motivational Quotes for Women

    December 25, 2024

    Top 80 Motivational Quotes about Success

    December 24, 2024
    Stay In Touch
    • Facebook
    • Twitter
    • Pinterest
    • Instagram
    • YouTube
    • Vimeo
    Don't Miss

    Top 50 Motivational Quotes for Men

    Lifehacks December 29, 2024

    Men often face challenges that test their resolve, ambitions, and self-belief in pursuing success. Throughout…

    The Big Fallout: Gachagua vs. Ruto Rift

    May 26, 2024

    Who is Cheruiyot Kirui?

    May 26, 2024
    About Us
    About Us

    Be the first to know what's trending before anyone else.

    Got a tip? Shoot us an email at [email protected]

    Facebook X (Twitter)
    Most Recent

    Top 50 Motivational Quotes for Men

    December 29, 2024

    Top 50 Motivational Quotes for Students

    December 28, 2024

    55 Best Motivational Quotes for Women

    December 25, 2024
    Most Popular

    Top 50 Motivational Quotes for Men

    December 29, 2024

    The Big Fallout: Gachagua vs. Ruto Rift

    May 26, 2024

    Who is Cheruiyot Kirui?

    May 26, 2024
    © 2025 Tribune. Designed by Tribune Consult.
    • About
    • Contact
    • Privacy Policy

    Type above and press Enter to search. Press Esc to cancel.