CJ Maraga appoints bench to hear petitions challenging his advisory to President to dissolve Parliament

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By Mourice Seretta 

Chief Justice David Maraga has appointed a five-judge bench to hear cases on his advisory to President Uhuru Kenyatta to dissolve Parliament.

The five judges are Justices, Lydia Achode, George Odunga, James Makau, Anthony Ndungu and Pauline Nyamweya.

This comes after High Court Judge Weldon Korir had directed that the file be referred to the CJ to appoint judges who will hear and determine the case.

Maraga on September 21, 2020 wrote to President Kenyatta advising him to dissolve Parliament over its inability to pass the two-thirds gender rule arguing that Parliament had refused to comply with the High Court order to enact legislation required to implement the two-thirds gender rule for over nine years.

The Parliamentary Service Commission (PSC) the following day said it was moving to the High Court to challenge the advisory saying that the advice to dissolve Parliament was “ill advised, premature and unconstitutional and is a recipe for plunging the country into a constitutional crisis of monumental proportions.”

The High Court on September 24, 2020 suspended the CJ’s advisory pending hearing and determination of a petition filed by two Kenyans.

The petitioners; Leina Konchela and Abdula Munsar, sought quashing of the advisory terming it “unreasonable, irrational and irresponsible” while questioning its implementation.

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