Thursday September 24, 2020 – The High Court has today suspended the implementation of Chief Justice David Maraga’s advisory on dissolution of Parliament.
This is after two petitioners filed a case at the High Court challenging Maraga’s advice to the President to dissolve Parliament after it failed to enact the Two Third Gender rule.
“In the circumstances of this case, I therefore find the petitioners notice of motion dated September 23 merited.”
“I allow it in terms of prayer so that a conservatory order issued for the preservation of the status quo of the Advice of the Chief Justice dated September 21 to the president pending interparteis hearing and determination of the petition,” High Court Justice Weldon Korir ruled on Thursday.
The petitioners, Leina Konchella and Abdul Munasar, through their lawyer, Muturi Mwangi said that Maraga’s advice to President Uhuru Kenyatta is not judicial.
The two also argued that there were no proceedings before the decision was reached.
“The Chief Justice has mischievously attempted to shield his act by fashioning the advisory as a judicial decision while no such proceedings can competently exist in the Kenyan court system,” part of their court papers read.
The court certified the matter as urgent and ordered petitioners to serve their respondents with suit papers and the hearing date will be set.
This is a big reprieve to MPs, Women Representatives and Senators because they were headed home if President Uhuru Kenyatta would have dissolved Parliament as advised by the CJ.
The Kenyan DAILY POST