Let the Games Begin
https://www.the-star.co.ke/news/2020-10-19-petitioners-reject-mwilu-appointees-in-maraga-parliament-dissolution-case/Petitioners in the case challenging CJ David Maraga's advisory on the dissolution of Parliament have opposed the five-judge bench appointed by Deputy Chief Justice Mwilu to hear their case.
The petitioners on Monday argued that Mwilu has no powers to appoint the bench.
According to court papers, they aver that Mwilu cannot purport to exercise the powers of Maraga.
Mwilu appointed the five-judge bench last week.
The bench is to be led by Justice Lydia Achode.
The other judges include Justices George Odunga, James Makau, Anthony Ndungu and Pauline Nyamweya.
There are over six matters that have so far been filed on the said matter of dissolution of Parliament.
Among the cases in court include two Kenyans who challenged Maraga's advisory.
Parliament has also sued Maraga and in another case, Attorney General Kihara Kariuki has also filed a case opposing the CJ advisory.
Parliament argued that dissolution of parliament as advised by the CJ is not tenable.
Parliament argues that the decision by Maraga is a grave error and a misapprehension of the provisions of the law.
They argue that if Parliament was to be dissolved now then no current Bills generated by the executive from the State or through private member Bills can pass and or be enacted into law.
Attorney-General Kihara Kariuki in a separate case filed at the court argued that if parliament is dissolved then that may give the president another term.
Third Way Alliance has equally filed a petition seeking an interpretation of the constitution on the issue of the dissolution of the parliament.
Lawyer Adrian Kamotho has also filed a case challenging the advisory and he argues that the Chief Justice failed to disclose the next course of action or events that should follow upon dissolution of Parliament, thus occasioning profound anxiety to the public.
Kamotho says the intention to dissolve Parliament was never disclosed, published or publicized contrary to the dictates of Article 35 (3) of the Constitution.
The bench is expected to hear all these petitions and determine the case.
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.
Topic: Petitioners reject Mwilu appointees in Maraga Parliament dissolution case - (Read 2385 times)