CJ Maraga Appoints Five-judge Bench to Hear Parliament Dissolution Cases

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CJ David Maraga appoints a five-judge bench to hear petitions challenging his advise to President Uhuru to dissolve Parliament for failing to enact two-thirds gender rule.

High Court Principal Judge Lydia Achode will the lead the five-judge comprising judges Anthony Ndungu, George Odunga, James Makau and Pauline Nyamweya.

High Court Principal Judge Lydia Achode to lead a five-judge bench to hear cases on the dissolution of Parliament
High Court Principal Judge Lydia Achode to lead a five-judge bench to hear cases on the dissolution of Parliament. Image/Courtesy

So far, at least six cases have been filed challenging the advisory by David Maraga on the dissolution of parliament.

Last month, National Assembly Speaker Justin Muturi sued CJ Maraga arguing that dissolution of parliament as advised by the CJ is not tenable.

Attorney General Kihara Kariuki also filed a case opposing the CJ’s advisory.

Members of Parliament opposed to the CJ’s advisory to Uhuru Kenyatta argue that the decision was a grave political mistake that failed to read the mood of the country.

The 5 judge bench is expected to hear all the petitions filed and make a ruling.

Justice Weldon Korir had forwarded the files to the CJ to empanel a bench to hear the cases arguing that the cases raised substantial issues of law that should be determined by a bench.

President Uhuru Kenyatta meets Parliament Speaker Justin Muturi, Senate Speaker Ken Lusaka and Chief Justice David Maraga
President Uhuru Kenyatta with Parliament Speaker Justin Muturi, Senate Speaker Ken Lusaka and Chief Justice David Maraga. Image/Courtesy

On his side, Attorney-General Kihara Kariuki has recently argued that if parliament is dissolved as advised by Maraga, then that may give the president another term.

Third Way Alliance in a petition also filed wants the court to give a proper interpretation of the constitution on the issue of the dissolution of the parliament.

 

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