BY SAM ALFAN.
It is a big win for members of parliament after the High court has suspended the advisory issued by Chief Justice David Maraga to President Kenyatta to dissolve Parliament for failing to enact the gender law.
In his ruling, Justice Weldon Korir certified the petition as urgent and directed the file to be taken to Justice Maraga, for him to appoint a bench of uneven number of judges, to hear the case as it raises serious constitution issues.
The Judge reckoned that the decision by the CJ is expected to trigger action by the President without any further steps being taken.
“The president is not bound by timelines and he can even act on the advice of the Chief Justice today. Once the President acts, irreversible events may follow,” the Judge said.
He said a perusal of the grounds in support of the petition discloses an arguable case.
The petitioners Leina Konchellah and Mohsen Abdul Munasah moved to court on Wednesday seeking temporary orders, suspending plans to dissolve Parliament arguing that implementation of the advisory would lead to ‘unreasonable and absurd constitutional outcomes’.
Justice Korir said it was important to observe that it was in public interest not to subject the country to parliamentary elections before exhaustively interrogating the constitutionality of CJ’s advisory.
Lawyer Adrian Kamotho also filed a similar petition arguing that Justice Maraga acted without powers in his advisory.
The lawyer further argued that Article 261 of the Constitution does not envisage any scenario where the Chief Justice is lobbied to dissolve Parliament. “Therefore, having proceeded from the faulty premise of Petitions unknown to law, the advice to the President is procedurally flawed and unsustainable,” he said.
Law Society of Kenya (LSK) had earlier in the day petitioned the National Treasury to cease payment of salaries and allowances to MPs from October 12 following the advisory by Justice Maraga.
LSK President Nelson Havi said after 21 days from the day Chief Justice David Maraga advised president Kenyatta, MPs and senators will be illegally in office.
The Judge directed the case to be mentioned on October 7.
