Deputy Chief Justice Philomena Mwilu [Photo: Nairobi News]
Oct 15th, 2020 – Deputy Chief Justice Philomena Mwilu has appointed, Principal- High-Court Judge, Justice Lydia Achode, to lead a five-judge bench, to hear cases, filed on the dissolution of Parliament.
Mwilu made the announcement days after Parliament filed a petition, challenging-his advice, to the President, to dissolve Parliament, for failing to enact the two-third gender rule.
Justice Achode will be on the bench with Justice Pauline Nyamweya, Justice Anthony Ndungu, Justice George Odunga, and Justice James Makau.
Two other Kenyans had also filed a petition, to challenge the advisory, from the Chief justice.
High Court judge, Justice Weldon Korir, stopped the implementation of the advisory, which the petitioners said will create a political, and constitutional, crisis.
“It is important to observe that it is in the public interest not to subject the country to parliamentary elections before exhaustively interrogating the constitutionality of CJ’s decision. Public interest, therefore, supports the issuance of an order suspending any decision to dissolve Parliament,” ruled Justice Korir.
The petitioners Leina Konchela and Abdula Munsar, who are seeking to have CJ Maraga’s advisory overruled, termed it as unreasonable, irrational, and irresponsible.