The parliamentary service commission PSC now says it has resolved to engage legal counsel and move to the high court to challenge Maraga’s advisory on dissolution of Parliament. The commission spoke during a press address on Tuesday saying it has come to the decision following a special meeting and after consultations with the speakers of the two houses of Parliament.
According to the PSC, the chief Justice’s advice to president Uhuru Kenyatta to dissolve Parliament is ill advised, premature and unconstitutional and is a recipe for plunging the country into a constitutional crisis of monumental proportions. “The commission notes with disappointment that the Rt. Hon. Chief Justice has ignored fundamental issues that go to the root of the fabric and structure of our constitution in advising the president to dissolve Parliament.” Said Justin Muturi who is the chair.
In particular the honourable chief Justice glossed over the fact that there are two high court petitions set for hearing on October 7 ,2020 to determine among other issues whether the order made by justice Mativo on March 29,2017 during the tenure of the 11th Parliament is applicable to the 12th Parliament which was elected in August 2017.
Speaker Muturi further added that the commission regrets that the Rt. Hon. Chief Justice appears to be willing even eager to plunge the country into a constitutional crisis without exercising the wisdom and circumspection that is expected of the high office that he holds.