Author Topic: Article 261  (Read 2548 times)

Offline RV Pundit

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Article 261
« on: September 22, 2020, 01:03:18 PM »
261. Consequential legislation
 The Constitution of Kenya  Chapter Eighteen - Transitional and Consequential Provisions  Hits: 10202

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(1) Parliament shall enact any legislation required by this Constitution to be enacted to govern a particular matter within the period specified in the Fifth Schedule, commencing on the effective date.
(2) Despite clause (1), the National Assembly may, by resolution supported by the votes of at least two-thirds of all the members of the National Assembly, extend the period prescribed in respect of any particular matter under clause (1), by a period not exceeding one year.
(3) The power of the National Assembly contemplated under clause (2), may be exercised--

(a) only once in respect of any particular matter; and only in exceptional circumstances to be certified by the
(b) Speaker of the National Assembly.

(4) For the purposes of clause (1), the Attorney-General, in consultation with the Commission for the Implementation of the Constitution, shall prepare the relevant Bills for tabling before Parliament, as soon as reasonably practicable, to enable Parliament to enact the legislation within the period specified.
(5) If Parliament fails to enact any particular legislation within the specified time, any person may petition the High Court on the matter.
(6) The High Court in determining a petition under clause (5) may--

(a) make a declaratory order on the matter; and transmit an order directing Parliament and the Attorney-
(b) General to take steps to ensure that the required legislation is enacted, within the period specified in the order, and to report the progress to the Chief Justice.

(7) If Parliament fails to enact legislation in accordance with an order under clause (6) (b), the Chief Justice shall advise the President to dissolve Parliament and the President shall dissolve Parliament.
(8) If Parliament has been dissolved under clause (7), the new Parliament shall enact the required legislation within the periods specified in the Fifth Schedule beginning with the date of commencement of the term of the new Parliament.
(9) If the new Parliament fails to enact legislation in accordance with clause (8), the provisions of clauses (1) to (8) shall apply afresh.

Offline RV Pundit

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Re: Article 261
« Reply #1 on: September 22, 2020, 01:05:47 PM »
The debate really should be on what it means to dissolve parliament and the term of the new parliament

Offline Njuri Ncheke

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Re: Article 261
« Reply #2 on: September 22, 2020, 01:11:58 PM »
The debate really should be on what it means to dissolve parliament and the term of the new parliament
Pundit on a side note why do Donald kipkokir and Lord Mutai hate Kalenjins and Ruto.

Offline RV Pundit

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Re: Article 261
« Reply #3 on: September 22, 2020, 01:26:13 PM »
DKB - was Moi era blue-eyed lawyer -working with Ruto then - I guess he cannot stomach how far Ruto has gone. The same way Gideon cannot stand Ruto.
Lord mutai is an empty debe - bloggers for hire.
Pundit on a side note why do Donald kipkokir and Lord Mutai hate Kalenjins and Ruto.

Offline Njuri Ncheke

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Re: Article 261
« Reply #4 on: September 22, 2020, 02:03:42 PM »
DKB - was Moi era blue-eyed lawyer -working with Ruto then - I guess he cannot stomach how far Ruto has gone. The same way Gideon cannot stand Ruto.
Lord mutai is an empty debe - bloggers for hire.
Pundit on a side note why do Donald kipkokir and Lord Mutai hate Kalenjins and Ruto.
Its just plain funny how the uhuru baba group has been scared cold by maraga. All indicators are that Ruto would be biggest beneficiary i understand NIS has been briefing gatheca that Ruto has almost 70% of the electorate only luo nyanza and some western part is against him. Back to grand mullah i think he is trying to spin it so that mps can bribe him to contest maraga, he will make a lot of noise and become more richer. Raira nad co are totally unprepared

Offline RV Pundit

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Re: Article 261
« Reply #5 on: September 22, 2020, 02:54:48 PM »
PSC resolves to go to court.

The problem for gov and BBI crew is legitimacy of parliament going forward.

They are opening themselves for legal challenge as the legality of anything they pass.

Offline KenyanPlato

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Re: Article 261
« Reply #6 on: September 22, 2020, 03:00:38 PM »
Dbk claims not to have worked with Moi. He claims not to take corruption or murder related cases. He sounds like a njonjo like very proud guy but very ethical. All this is based on his personal claims.

Offline RV Pundit

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Re: Article 261
« Reply #7 on: September 22, 2020, 03:12:46 PM »
Interesting. I bet he was part of Y2k.
Dbk claims not to have worked with Moi. He claims not to take corruption or murder related cases. He sounds like a njonjo like very proud guy but very ethical. All this is based on his personal claims.