BY SAM ALFAN.
Kenya Human Rights Commission has sought to join a petition challenging an advisory by Chief Justice David Maraga to President Uhuru Kenyatta to dissolve Parliament.
In the petition, KHRC argued that it should be given an opportunity to submit written and oral arguments and where necessary, any other relevant information in the petition.
The commission wants to be admitted in the matter filed by Leina Kochellah and Mohsen Abdul Munasar, who obtained orders, stopping President Kenyatta from dissolving Parliament as advised by the CJ for failing to enact the two-thirds gender law.
KHRC said it is an institution with expertise on constitutional law, administrative and public international law.
Through lawyer John Khaminwa, the intended amicus curiae states that they have significant expertise in the various provisions of the constitution that are specifically referenced in the issue in this petition and for which the petitioners have based their petition upon.
“The intended amicus curiae further believes that this application should be granted because at the heart of this case are significant issues of constitutionalism, the rule of law, good governance, human rights, transparency and accountability, principles and values that constitute and define the basic structure of our constitution.
Moreover, this matter implicates the constitutional doctrine on public interest and as such the amicus curiae would be able to canvas and address that issue,” states the KHRC.
Justice Weldon Korir suspended the advisory, pending the determination of the case. The Judge ruled it was in the public interest not to subject the country to parliamentary elections before exhaustively interrogating the constitutionality of CJ’s decision.
The judge further noted that a reading of the constitution shows that the decision of the Chief Justice is expected to trigger action by the President without any further steps being taken, adding that once the president acts on the advisory the petition would be rendered nugatory.
