High Court suspends CJ Maraga’s advisory to President Uhuru

High Court Judge Weldon Korir. [Photo: NMG]

The High Court has suspended Chief Justice David Maraga’s advisory, to President Uhuru Kenyatta, to dissolve parliament, pending hearing and determination of a petition filed by two Kenyans.

Issuing the orders, Justice Weldon Korir, said the case filed, by Leina Konchella, and Mohsen Abdul Munasar is extremely urgent and raises constitutional issues.

The judge further said, in accordance to the constitution, the decision by CJ Maraga, is expected, to trigger action, by the president. “The President is not bound by timelines and he can even act on the advice of the Chief Justice today. Once the President acts, irreversible events follow which will render the petition moot. It is therefore clear that failure to issue orders will prejudice the petitioners,” said Justice Korir.  

The judge also asked the Chief Justice to constitute a three-judge bench to hear the matter.  
Meanwhile, the Law Society of Kenya President Nelson Havi now says parliament will have no mandate to conduct business after the  12th of October if President Uhuru Kenyatta will have not dissolved it as advised by Chief Justice David Maraga. 

Havi said the advisory by the CJ was justified as the national assembly had failed in its mandate to pass the two-thirds gender rule. Havi further said LSK has requested the UN and the world bank not to engage the government in any transaction that needs the input of the national assembly in the next 21 days.

He further called on the  IEBC, to ensure the two-thirds gender principle is complied with, by political parties when receiving party lists of nominations.

Even though the advisory by the Chief Justice to dissolve parliament does not have a timeline, LSK has pegged a 21 days window in which the president must act.

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