Petitioners reject Mwilu appointees in Maraga Parliament dissolution

By Susan Njire

Petitioners in the case challenging CJ David Maraga’s advisory on the dissolution of Parliament have opposed the five judge bench appointed by Deputy Chief Justice Mwilu to hear their case.

The petitioners on Monday argued that Mwilu has no powers to appoint the bench. In a notice of preliminary objection filed in court,Leina Konchella and Mohsen Munasar argue that it is illegal for Mwilu to appoint the judges on behalf of Maraga.

They want the five judges appointed by the deputy CJ to recuse themselves from the case as their appointment was ultra vires to the Constitution. The bench is to be led by Justice Lydia Achode. Other judges include Justice’s George Odunga, James Makau, Anthony Ndungu and Pauline Nyamweya.

There are over six matters that have so far been filed on the said matter of dissolution of Parliament. Among the cases in court include Konchella and Munasar who challenged Maraga’s advisory. Parliament has also sued Maraga and in another case Attorney General Kihara Kariuki has also filed a case opposing the CJ advisory.

Parliament argued that dissolution of Parliament as advised by the CJ is not tenable saying that the decision by Maraga is a grave error and a misapprehension of the provisions of the law. They argue that if Parliament was to be dissolved now then no current bills generated by the executive from the state or through private member bills can pass or be enacted into law.

Attorney General Kihara Kariuki in a separate case filed at the court argued that if Parliament is dissolved then that may give the president another term. Justice Weldon Korir had forwarded the files to CJ to empanel a bench to hear the cases arguing that the cases raised substantial issues of law that should be determined by a bench.

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