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Kenya’s Deputy Chief Justice appoints 5 five-judge bench to hear dissolution of parliament directed by CJ

Oct 14, 2020(Nyamilepedia) — The Deputy Chief Justice of Kenya, Justice Philomena Mwilu, has appointed a five-judge bench which is set to hear and determine the cases relating to Chief Justice Maraga’s advisory to president Kenyatta to dissolve the parliament.

DAVID KENANI MARAGA, CHIEF JUSTICE/PRESIDENT OF THE SUPREME COURT OF KENYA(Photo: file)
DAVID KENANI MARAGA, CHIEF JUSTICE/PRESIDENT OF THE SUPREME COURT OF KENYA(Photo: file)

The bench judges will include Justice Lydia Achode, Justices George Odunga, James Makau, Anthony Ndungu and Pauline Nyamweya.

Justice Lydia Achode will be the one to lead the bench.

There are up to five constitutional petitions filed by different applicants which will be heard by the five judges.

The applicants Lennah Konchela, Attorney General, Parliamentary Service Commission, the Senate, Mathare MP Antony Oluoch and lawyer Adrian Kamotho have strongly opposed the CJ’s advisory opinion to the President to dissolve Parliament and they have sought a constitutional interpretation of the opinion.

Notably, the parliament countered Maraga’s advisory arguing that dissolution of parliament as advised by the CJ is not tenable. It continues that the decision by Maraga is a grave error and a misapprehension of the provisions of the law.

The Law Society of Kenya (LSK) led by Nelson Havi and various rights groups have voiced support to the CJ’s advisory to the president to dissolve Parliament.

On September 21, 2020, Chief Justice Maraga wrote to President Kenyatta advising him to dissolve parliament over its inability to pass the two-thirds gender rule.

CJ Maraga, in his unprecedented move, says that Parliament has refused to comply with the High Court order to enact legislation required to implement the two-thirds gender rule for over nine years.

The Parliamentary Service Commission (PSC) moved to the High Court to challenge the advisory.

The High Court on September 24, 2020 suspended the CJ’s advisory pending hearing and determination of a petition filed by two Kenyans.

President Kenyatta has remained mum about the advisory by the CJ.

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