5-judge bench appointed by DCJ Mwilu to hear cases on Parliament dissolution

Chief Justice David Maraga
Chief Justice David Maraga

A five-judge bench has been formed by deputy Chief Justice Philomena Mwilu to hear the cases on the dissolution of Parliament. The panel of Judges will be led by Justice Lydia Achode, and other judges part of the bench are Justice James Makau, Justice George Odunga, Justice Pauline Nyamweya and Justice Anthony Ndung’u.

The move by the deputy CJ comes weeks after High Court judge Weldon Korir suspended the advisory from Maraga to President Uhuru Kenyatta to dissolve Parliament over its failure to implement the two thirds gender rule. Justice Korir, while receiving a petition filed by two Kenyans-Leina Konchella and Mohsen Abdul Mina’s are challenging the advisory, said the matter should be heard by a panel of Judges constituted by CJ Maraga. He said the matter raises weighty constitutional issues. The panel couldn’t be formed by the CJ due to the fact that he is a respondent in the case and the task was taken over by DCJ Mwilu.

Parliament has also moved to Court to challenge the advisory, saying it’s a grave error and misapprehension of the provisions of the law, with National Assembly speaker Justin Muturi faulting Maraga’s move. Third way Alliance party also moved to Court, and filed a petition seeking the interpretation of the Constitution on the issue. The party sought to know whether pursuant to the advisory, Parliament is now unlawfully constituted and if any business can be conducted by both the National Assembly and the Senate.