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what is the process for dissolution under Article 261? It's super simple: the Chief Justice SHALL advise the President to dissolve Parliament and the President SHALL dissolve Parliament.

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Introduction
Dissolution of Parliament under Article 261 2.1. The Role of the Chief Justice 2.2. The Role of the President
Conclusion

Introduction

This response will address the process of dissolving Parliament under Article 261 of the Constitution of Kenya. It will delve into the roles of the Chief Justice and the President in this process, drawing upon relevant legal provisions and case law.

Dissolution of Parliament under Article 261

2.1. The Role of the Chief Justice

Article 261 of the Constitution of Kenya outlines the process for dissolving Parliament. It states that the Chief Justice shall advise the President to dissolve Parliament if:

The National Assembly passes a vote of no confidence in the Cabinet.
The President fails to appoint a Prime Minister within fourteen days after the resignation or removal of the Prime Minister.
The President fails to appoint a Cabinet within fourteen days after the resignation or removal of the Prime Minister.
The President fails to appoint a Cabinet within fourteen days after the resignation or removal of the Prime Minister.

The Chief Justice's role is mandatory and not discretionary. This means that the Chief Justice must advise the President to dissolve Parliament if any of the aforementioned conditions are met. This is a crucial aspect of the constitutional framework, ensuring that the President acts within the stipulated timeframes and that the process of dissolving Parliament is triggered when necessary.

2.2. The Role of the President

The President shall dissolve Parliament upon receiving the advice of the Chief Justice. This is also a mandatory obligation, meaning that the President cannot refuse to dissolve Parliament once the Chief Justice has advised them to do so. This ensures that the process of dissolving Parliament is carried out promptly and efficiently.

Conclusion

The process of dissolving Parliament under Article 261 is a clear and straightforward process. The Chief Justice's role is mandatory, and the President is obligated to dissolve Parliament upon receiving the Chief Justice's advice. This ensures that the process is carried out in a timely and efficient manner, upholding the principles of constitutional governance and accountability.