The CJ’s advice to the president may have caused crisis between the arms of the government. In his directive to the president to dissolve the parliament, CJ has awakened the sleeping giants. This has left the three arms of the government divided. Political temperatures have soared up, and this shall only increase them. Consequently, different experts are giving opinions and from the looks, it is evident that nobody is sure about what should happen. As every actor makes a move, a crisis between arms on government is roaming
MP’s move to court
MP’s have moved to court to oppose this step. Through the Parliamentary Service Commission, MP’s have moved to High Court to challenge CJ’s advisory to the President. The Speaker of the National Assembly Justin Muturi has also termed CJ’s move as ill-advised, premature and unconstitutional.
“The Honorable Chief Justice glossed over the fact there are two High Court petitions set for hearing on 7th October to determine, among other issues, whether the order made by Justice Mativo on 9th March 2017 during the tenure of the 11th Parliament is applicable to the 12th Parliament which was elected in August 2017. It is therefore premature for the Right Honorable Chief Justice to take this action while the High Court is yet to determine this matter,” Muturi claimed.
However, this move by PSC raises eyebrow. It is not clear how the PSC has taken CJ to the courts, considering that he is indeed the president of the Judiciary. This creates that more confusion. Each move risks plunging the country to a constitutional crisis.
Executive Remains Silent
In this whole situation, the executive has remained silent. The President has not issued any details in relation to this development. It is quite instructive to remember that he had promised to ‘revisit’ the judiciary issue in 2017. This was after the supreme court had nullified his win in the August Presidential elections. Since then, CJ and the President have had strained relations. Consequently, the CJ refused to be attending national functions after he failed to be recognized in them. This is just one of many instances.
CJ’s move could also aim at putting the president at crossroads. Since the constitution expects the president to act on such an advisory, he has to make a critical decision. Honoring the advisory shall also mean dissolving the parliament, which is also a thorn in his flesh.
Meanwhile, the political giants have remained mum. ODM’s leader Raila Odinga and Deputy President William Ruto have not given any official or unofficial statement. They might be observing the situation to carefully decide the next move. They also have to consider how this move shall affect their political ambitions in 2022 elections.