High Court suspends CJ Maraga’s advisory to dissolve Parliament

Chief Justice David Maraga
Chief Justice David Maraga

The High Court has suspended the implementation of Chief Justice David Maraga’s advisory to President Uhuru Kenyatta, to dissolve Parliament over failure to enact legislation to implement the two thirds gender rule. Justice Weldon Korir issued the order, pending the hearing and determination of a petition filed by two Kenyans, Leina Konchella and Mohsen Abdul Munasar.

In the petition moved on Wednesday, the two raised a couple of concerns with the advisory and said Maraga attempted to shield his act by fashioning the advisory as a judicial decision while no such proceedings can completely exist in Kenya’s court system. They said the two thirds gender rule can only be implemented through extensive constitutional amendments. Justice Korir said it’s in public interest not to subject the country to parliamentary elections before exhaustively interrogating the Constitutionality of the CJ’s decision.

Earlier, LSK President Nelson Havi said the society will lead Kenyans to occupy Parliament on October 12th, noting that the 21 days timeline for President Kenyatta to dissolve Parliament will have elapsed. He said the CJ’s power and subsequent advisory can’t be challenged owing to the power of the Constitution and any judge handling such a case should respect the Constitutional stipulations.