Chief Justice David Maraga’s advisory to President Uhuru Kenyatta on dissolution of Parliament has been suspended.
Justice Weldon Korir on Thursday September 24, 2020 suspended the Chief Justice’s advisory on the dissolution of Parliament pending the determination of a case file challenging the letter to the President.
Justice Korir’s ruling came after two petitioners on Wednesday challenged Maraga’s advisory to dissolve Parliament for failing to meet the thirds 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,” Korir ruled on Thursday.
Petitioners Leina Konchella and Abdul Munasar wanted the High Court to stay the advisory, saying it is subject to judicial review as an administrative act.
The petitioners, through lawyer Muturi Mwangi, avered that the written advice to President Uhuru Kenyatta is not judicial.
They further argued that there were no proceedings before the decision was reached.
Leina and Abdul further reasoned that Maraga’s action is beyond his authority to the extent that it purports to be grounded on Parliament’s failure to enact two-thirds gender law.
They say the two-thirds gender rule can only be implemented through extensive amendments to the Constitution.
