Uhuru's Term Could Extend to 2025 if Parliament is Dissolved, Attorney-General Kihara Kariuki Says

Attorney-General Kihara Kariuki has warned that President Kenyatta’s term could extend to 2025 if he dissolves Parliament as advised by Chief Justice David Maraga.

Kariuki argues that the move could have devastating domino effects due to some gaps in the 2010 constitution.

He explained that the constitution states that the President’s term starts after a general election where MPs are elected, adding that the constitution is unclear on whether dissolving Parliament would result in a by-election or a general election. 

While a by-election would see the new Parliament’s term end in August 2022, a general election would mean the MPs are elected for a new term ending 2025.

“If Parliament commences a fresh term that falls out of the constitutional date for a General Election, the same will have the effect of altering the term of office of the president as, ordinarily, a presidential election may be held only on the same date as the General Election for MPs,” Kihara says in documents filed in court.

“The new Parliament will also get a fresh term of five years. Such a term may run out of the constitutional date for the conduct of the General Election of MPs, which is held on the second Tuesday of August in every fifth year.” 

Kariuki was responding to a case in which two petitioners, Leina Konchella and Mohsen Abdul Munasar are seeking to have Maraga’s advisory quashed on the grounds that it is unreasonable, irrational, and irresponsible.

High Court Justice Weldon Korir last week issued conservatory orders suspending the advisory pending the hearing and determination of a case. The judge certified the matter as extremely urgent, saying it raises weighty constitutional issues.

Maraga wants Uhuru to dissolve Parliament over MPs’ failure to enact legislation required to implement the two-thirds gender rule as required by the constitution.