Legislators in court over Chief Justice Maraga letter

Tuesday, September 29th, 2020 00:00 |

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Nancy Gitonga and Alvin Mwangi

Parliament yesterday petitioned High Court to stop President Uhuru Kenyatta from dissolving the House following the advisory by Chief Justice David Maraga.

In court documents,  both the Senate and the National Assembly want Uhuru to reject the  advisory opinion dated September 21 to dissolve Parliament for contravening Article 131(2) as read together with Article 261(7) of the Constitution.   

The MPs wants the court to issue order prohibiting the President from enforcing the advice by the CJ. 

“A declaration be issued that the Chief Justice David Maraga advise in the Advisory Letter dated September 21 constitutes an infringement of Article 1 on the Sovereign power of the people exercised through the legislative arm of the government,” adds Parliament. 

Lack of jurisdiction

They are seeking orders to quash Maraga’s advisory opinion advising the president to dissolve the Parliament for failure to come up with legislation to implement two-thirds gender rule. 

They further want high court to declare that the Orders and findings of Justice Mativo in Constitutional Petition No 371 of 2016, Centre for Rights and Awareness and 2 Others vs Speaker of National Assembly and six others, only binds the 11th Parliament.  

Through lawyer Ahmednasir Abdulahi the National Assembly and Senate wants the court to declare the CJ lacks jurisdiction under Article 261(5), (6) and (7) of the Constitution to interfere with the law-making powers of the House. 

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