Duale stated that this week the media has been awash with rumours true or not of existence of plans to extend the term of Parliament. Well, great news is that the drafters of the 2010 Constitution played out all these scenarios and specifically provided for nearly all plausible circumstances so we do not have to speculate, he said. So when can the term of Parliament be extended? He asked and wished the Kenyan legislators to dive into the Constitution for better solutions.
Duale said that Article 101(1) of the Constitution provides that a general election of Members of Parliament shall be held on the second Tuesday in August of every fifth year. He added that this is the same date for the election of the President, Governors and Members of County Assemblies.
In Article 102(1) further provides that the term of each House of Parliament expires on the date of the next general election. Duale also said that, it is notable that Article 102(2) provides that when Kenya is at war, Parliament may by resolution supported by at least two-thirds of all the Members of the House extend the term of Parliament by not more than 6 months at a time.
From a reading of Article 102 of the Constitution, to extend the term of Parliament Kenya must be at war. We are not at war, he said. We are a peace loving country and we thank God for the peace, Duale said. For those arguing that we can extend Parliament, those plans are as dead as a dodo. Covid-19 is a Pandemic all over the world and to argue that " it is a war " is not only strange but it would imply that the whole world is at war.Let us not splits hairs to obvious things, he said.
The Constitution does not provide for extension of the term of any other state office and is only through an extension of Parliament in cases of war where there would be an extension of the term of any other state office whose election date is tied to that of Parliament.
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