The executive should if anything be very careful on how they deal with CJ Maraga. Section 81(1) Gender rule has not been actualised. In line with 5th schedule this was to be enacted within 5 years.
The High court ruling by justice Mativo in an application gave parliament 60 days which has elapsed. In his ruling he said Kenyans were free to petition CJ to advice the president to dissolve parliament and the law says the president shall dissolve parliament.
The bicameral speakers appealed that ruling to the 2nd appellate court and justices Kairu, Minoti and Waki. Did not rule in their favour.
Suppose as claimed by Maraga that the CS want to topple him or they constrain his budget so that he fails to carry his mandate. He will dissolve parliament. The question is will the president still remain in power as the MP’s seek fresh mandate from the People? or will the Presidents term be marked as ended? The same court will be made to rule on the same.
The executive should be careful how they handle Maraga. Lest he swallows the poison pill that will throw the country into dissary. My two cents advice. Take it or leave it.