Nyaribari Masaba MP Daniel Manduku Calls on Ruto to Dissolve Parliament

Nyaribari Masaba MP Daniel Manduku Ogwoba
Nyaribari Masaba MP Daniel Manduku Ogwoba
File

Nyaribari Masaba MP Daniel Manduku on Thursday called on President William Ruto to dissolve the National Assembly and call for fresh elections in the next 90 days.

Speaking on Thursday in Kisii, the legislator criticised members of the National Assembly terming them incompetent over the recent developments on the Finance Bill.

Kenyans, especially the younger generation had taken to the streets to protest against the controversial Finance Bill, 2024 before the Head of State withdrew it.

The MP, therefore averred that it was no longer tenable for members of the National Assembly to resume house proceedings owing to the events that ensued.

MPs in Parliament during the Budget 2024 reading.
MPs in Parliament during the Budget 2024 reading.
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Parliament

"I want to ask the president to immediately dissolve the National Assembly  and call for elections within 90 days," he said.

"The constitution of Kenya denotes that the sovereign power belongs to the people. As elected members, we only exercise it on their behalf." he further lamented.

Manduku added that the recent invasion of Parliament signify a failure of the institution to maintain order, respect, and public trust.

IEBC Vacuum

The MP's call would however lead to a constitutional crisis as the Independent Electoral and Boundaries Commission (IEBC) is not properly constituted.

As it stands, IEBC cannot conduct any form of polls including by-elections.

In February 2024, the court had ruled that the IEBC was not properly constituted. As at the time, the electoral body had no chairperson and commissioners despite the secretariat being in place.

The lack of commissioners has led to legal questions on whether the commission is properly constituted to discharge its mandate.

President's Power

Under Article 261(7) of the Constitution of Kenya 2010, the President has the authority to dissolve Parliament if it fails to fulfill its constitutional mandate.

The constitution states that if Parliament is dissolved, a fresh election shall be conducted within 90 days.

The parliament can only be dissolved if it solely fails to exercise its mandate as provided for by the constitution. 

 

President William Ruto speaking at the National Defence College in Karen on May 30, 2024
President William Ruto speaking at the National Defence College in Karen on May 30, 2024
PCS