In a landmark judicial pronouncement, the High Court has officially declared the 2020 advisory opinion issued by former Chief Justice David Maraga to be legally unenforceable, effectively closing the chapter on a constitutional standoff that gripped the nation. The ruling, delivered this week, addresses the long-standing petition concerning the former Chief Justice’s push to have Parliament dissolved over its persistent failure to implement the two-thirds gender rule.
The judgment clarifies that while the former Chief Justice acted within the literal scope of his office by receiving petitions under Article 261(7) of the Constitution, the subsequent advisory—which urged the President to dissolve the House—did not meet the threshold for a mandatory executive action.
The court emphasized that the legislative body’s failure to enact gender-balance laws, while a significant constitutional omission, does not automatically trigger an absolute mechanism for dissolution that bypasses the broader democratic stability of the state.
This decision brings finality to years of legal uncertainty. The 2020 advisory had triggered a wave of six petitions from citizens and civil society groups, leading to a period of heightened political tension as the executive and legislative branches faced the unprecedented possibility of a parliamentary shutdown.
The High Court’s ruling now serves as a definitive legal reference, reinforcing the principle that constitutional remedies, particularly those as radical as dissolution, must be exercised with full regard for their wider impact on governance and democratic continuity.
Legal scholars have hailed the decision as a crucial maturation of Kenya’s jurisprudence. By setting clear boundaries on the advisory mandate of the Chief Justice, the court has provided a roadmap for addressing future legislative lapses through iterative reform rather than total institutional disruption.
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