Former National Assembly majority leader Aden Duale is now accusing outgoing President Uhuru Kenyatta of plotting to create a constitutional crisis by delaying the swearing-in of MPs.
Article 126(2) of the Constitution of Kenya 2010 provides that once Members of Parliament have been elected in a General Election, the outgoing President, by Gazette notice has to appoint the place and date for the first sitting of the new House, which shall not be more than 30 days after the election.
However, since the MPs were elected on August 9, the outgoing Head of State is yet to gazette the first sitting with only seven days remaining before the constitutional deadline.
As such, Garissa Township MP Aden Duale has accused President Uhuru Kenyatta of deliberately delaying the swearing-in of the legislators; a move he says will create a constitutional crisis.
“Today is exactly 23 days since the General Election. From a reading of Article 126(2) of the Constitution, there are only 7 days left for the timeline within which the President is required by the Constitution to gazette the date of the first sitting of Parliament to lapse,
“As we speak, there is no Parliament in place. The term of Parliament for MPs ended on midnight of August 9th, 2022. The new Members-elect cannot perform the functions of Parliament until they are sworn in by the requirements of Article 74 of the Constitution,” Duale said in a statement.
Duale, further urged President Uhuru Kenyatta to emulate late President Mwai Kibaki who gazette the first sitting of the 11th parliament two weeks after the General Election.
“To this end, I urge the President to exercise his constitutional duty as required under Article 126(2) of the Constitution and pave way for a new Parliament as elected by the people of Kenya,” Duale said.
It is to be remembered that President Uhuru also did not congratulate Whis deputy for 10 years after he was declared the winner of the August presidential election.
Throughout the electioneering period, Uhuru had shown he prefers ODM leader Raila Odinga to succeed him. Raila has challenged William Ruto’s presidential win at the Supreme Court with a verdict expected in September 5.