CJ Maraga has just followed the law and this is his good legacy, says Lawyer Mwamu

Former President of the East African Law Society James Aggrey Mwamu during the Launch of a football tournament today. He says the recent decision where CJ David Maraga  adviced the President to dissolve Parliament is within the Constitution-Photo By Dickson Odhiambo

By Dickson Odhiambo

September 25, 2020

CJ Maraga has just followed the law and this is his good legacy, says Lawyer Mwamu

The recent Kenya’s Chief Justice advise to President Uhuru Kenyatta is within the law and the CJ just followed the law hence this is part of his good legacy, former President of East African Law Society James Aggrey Mwamu has said.

Mwamu says the advisory from the Chief Justice to President Kenyatta on dissolution of Parliament for its failure to enact the two thirds gender rule is very much in order and is in accordance to the Article 261{7} of Constitution of Kenya 2010.

Addressing the press in Kisumu after launching the Mwalimu Japheth Mwamu Foundation football tournament at Kunya Primary school in Kisumu, Mwamu said although such an advice has driven a lot of shock and consternation among the lawmakers but such laws are needed for the people not to behave with a lot of impunity.

“The Chief justice has followed the law under Article 261 that states that if Parliament does not pass a particular legislation then the Chief Justice must advise the President to dissolve Parliament. I know that such a decision must have brought a lot of shock,” he says.

Mwamu says it is good that the lawmakers have moved to court to seek interpretation from the High Court because the work of interpreting the law under Article 165 of the constitution of Kenya 2010 is for the High Court, adding that they are waiting for what the High Court will says about it.

“We are going to wait what the High Court will say and I am sure the lawmakers have place before the court enough materials to help them interpret the constitution and thereafter if the High Court has ruled the matter can still proceed to the court of Appeal I also foresee this matter going up to the Supreme Court for a decision to be made,” Mwamu adds.

Mwamu says the Chief Justice’s decision has really established his legacy, adding that the CJ is going down the history as one of the most powerful CJ in Africa.

“This decision has really established his legacy as the CJ and he will go down as one of the most powerful Chief Justice in Africa for nullifying a Presidential Election and now the first one to send Parliament home,” he says.

He adds that the decision has made the Chief Justice David Maraga a huge status and place in Africa.This is very laudable. It is very rare for one to take such a decision that Maraga took,” he further says.

Mwamu says Kenyans should now wait the determination of the matter that has now been taken before the High Court.

“This particular case is very important in the sense that it is revealing some of those issues in the constitution that needs to be dealt with,” Mwamu adds.

He says for the proponents of the National Referendum on changing the constitution, this is a very good chance to address issues like that of Gender, restructuring of the Executive wing of the National Government, restructuring of Parliament  as well as that of including the Leader of the Opposition sit in Parliament.

“This decision by the CJ is very important and much welcomed because it is an eye opener so that Kenyans can deal with many issues that might have brought confusions to the Republic of Kenya,” he further adds.

Mwamu opines that it is a mistake that the Constitution of Kenya 2010 has not provided the timeline by which the President can honor such an advice from the Chief Justice on the dissolution of Parliament.

“The President can take advantage of this and delay this while arguing that he is still seeking advice from the Attorney General on the real meaning of reasonable time. This is one of the interpretations that the High Court should do on this matter,” Mwamu concludes.

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