BY SAM ALFAN.
Former Marakwet West MP David Sudi wants judges who heard a case three years ago seeking the dissolution of Parliament compelled to write their judgement in the matter.
Sudi submitted that the files, which were consolidated before the matter was heard, should be forwarded to Chief Justice Martha Koome so that she could direct the judges to complete their decision.
The case was heard by a bench of five judges but four of the judges have since been elevated to the Court of Appeal.
Through his lawyer Nelson Havi, Sudi said the CJ should, alternatively direct Justice Anthony Ndungu to deliver the decision on behalf of other judges who have been appointed to the Court of Appeal.
Other judges in the bench were Justices Lydia Achode, Pauline Nyamweya, George Odunga, Aaron Makau, who has since retired.
Havi said the consolidated petitions were heard in May 2021 and the judges promised to deliver their judgement on notice.
The judgment was not delivered following an order for stay of proceedings.
The order for stay was conditional upon the intended appeal being filed within 30 days from the date of the order, in default of which the stay would lapse.
“No appeal was filed and or served in time or at all, and the stay in Civil Application No E 097 of 2021 is deemed to have lapsed,” said Sudi.
But as the parties were waiting for the appeal, Justices Achode, Nyamweya and Odunga were appointed Judges of the Court of Appeal as Makau retired.
“It is imperative that the question of whether or not Parliament should be dissolved as advised to the President of the Republic of Kenya by Chief Justice David Maraga on 21st September, 2020 be determined without any further delay, the order for stay of proceedings in Civil Application No E 097 of 2021 having lapsed,” added Sudi.
Havi told the court that it was just and proper that the consolidated petitions be transmitted to the Chief Justice to assign five Judges to hear and determine the cases or to write and deliver a judgment on the consolidated petitions.
Havi argue that there has been no activity in the file in respect of the consolidated petitions since 5th May, 2021 when a ruling dismissing a preliminary objection filed by Parliament was delivered.
“It is imperative that the question of whether or not Parliament should be dissolved as advised to the President of the Republic of Kenya by Chief Justice DK Maraga on 21st September, 2020 be determined without any further delay, the order for stay of proceedings in Civil Application No E 097 of 2021 having lapsed,” lawyer Havi added.
He added that it is just and proper that the consolidated petitions be transmitted to the Chief Justice to assign 5 Judges of the High Court to hear and determine, or to write and deliver a judgment on the consolidated petitions.
