After several petitions to The high court, they have. Come to a decision to suspend CJ’s Maraga’s petition to the head of state to dissolve parliament.
Justice Weldon Korir claims that, the case filed by two other Kenyans to stop going forward with parliament dissolution.
The decision came after two Kenyans named Mohsen Munaser and Leina Konchella filed for a petition disagreeing with Maraga’s suggestions to President Uhuru Kenyatta. They asked the court to discontinue the subject until a petition is heard and determined.
[1]They are questioning the legitimacy of the advice based on Article 261 (7).The court ordered a panel to “hear and determine the petition“.The petitioners went ahead to name Chief Justice David Maraga and Attorney General Paul Kihara as respondents to the lawsuit. The National Assembly and the Senate were both drawn as stakeholders.
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Most members of parliament have since voiced their opinion on whether they agree if Uhuru Kenyatta should go ahead with the advice given to him by Chief Justice Maraga..[2]
Gladys Sholei speaking to a local Tv Station said, the two going taking the matter to court is a way to slow down the process.” The reality is various courts have ruled four times indicating that parliament must enact the legislation. Anyone can get an injunction and the maximum can last is 14 days.I don’t even understand where the logic of appealing or trying to quash and advisory from the Chief Justice arrives because He did not make any judicial decision”
She goes to defend the Cj explaining that he simply was giving advice as Head of Judiciary to the president as it should be .
“There is a court order and Parliament has failed to comply with that order in accordance to article 264 of the constitution and therefore I am required by the constitution to advice you to dissolveparliament[3]
“The implementation of the advice contained in the document titled “Chief Justice’s Advice to the President Pursuant to Article 261 (7) of the Constitution” stands suspended pending the hearing and determination of the Notice of Motion dated September 23, 2020, or the issuance of others by the court,” court ruling read.
The LSK Society announced that, parliament has become unconstitutional and all law makers should be out of office come October 20. Nelson Havi the LSk president cited of a possible protest if parliament continued with it’s usual runs after the 21 days that was given to the president to make a decision are over.
He also instructed the Independent Electoral and Boundaries Commission (IEBC) to be ready for an election and make sure they apply a mechanism to promote the two–third gender rule.
“You are obliged to devise administrative mechanisms to ensure that the two– thirds gender principle is realised among political parties during the nomination exercise for the bi-election to be held pursuant to the advisory given by the Chief Justice,” he noted.
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The move to suspend Maraga’s petition has stired concerns and conversations amidst Kenyans some in support and others in total disappointment over the ruling as some were hoping the rilinbg will favour a dissolution .It is now up to the Presidents who has not spoken on the matter.
