Ask a lawyer:
Can the president dissolve parliament?

Table of Contents

1. Introduction

2. The Power of Dissolution

3. Conclusion

Introduction

This response will address the question of whether the President of Kenya can dissolve Parliament. It will delve into the relevant provisions of the Constitution of Kenya, 2010, and analyze the circumstances under which the President may exercise this power.

1. The Power of Dissolution

The Constitution of Kenya, 2010, outlines the powers of the President in relation to Parliament. Article 130 of the Constitution deals with the dissolution of Parliament.

1.1. Dissolution by the President

• Article 130(1) of the Constitution of Kenya, 2010: "The President may dissolve Parliament if a vote of no confidence in the Government is passed by the National Assembly."

This provision clearly states that the President can only dissolve Parliament if a vote of no confidence in the Government is passed by the National Assembly. This means that the President does not have the unilateral power to dissolve Parliament at will.

1.2. The Vote of No Confidence

• Article 130(2) of the Constitution of Kenya, 2010: "A vote of no confidence in the Government shall be passed by a majority of all the members of the National Assembly."

This provision clarifies that a simple majority of all members of the National Assembly is required to pass a vote of no confidence in the Government. This means that at least half of the members of the National Assembly must vote in favor of the motion for it to be successful.

1.3. The President's Discretion

• Article 130(3) of the Constitution of Kenya, 2010: "The President shall dissolve Parliament within fourteen days of the passing of a vote of no confidence in the Government."

This provision states that the President is obligated to dissolve Parliament within 14 days of the passing of a vote of no confidence. This means that the President does not have the discretion to refuse to dissolve Parliament after a successful vote of no confidence.

1.4. The President's Role in Dissolution

The President's role in the dissolution of Parliament is limited to acting upon the decision of the National Assembly. The President does not have the power to initiate the dissolution process. The power to dissolve Parliament rests with the National Assembly through the passing of a vote of no confidence.

2. Conclusion

In conclusion, the President of Kenya can only dissolve Parliament if a vote of no confidence in the Government is passed by the National Assembly. The President does not have the unilateral power to dissolve Parliament at will. The President is obligated to dissolve Parliament within 14 days of the passing of a vote of no confidence. The President's role is limited to acting upon the decision of the National Assembly.