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AfricaKenyaLegal

Reprieve for legislators as Court stops Maraga advisory

By Susan Njire

Justice Weldon Korir has stopped the implementation of justice David Maraga’s advisory on dissolution of the Parliament. This is after two petitioners on Wednesday challenged Maraga’s advisory to dissolve Parliament for failing to Meet the two-thirds gender rule.

“In the circumstances of this case,I therefore find the petitioners notice of the motion dated September 23 merited. I allow it in terms of prayers so that a conservatory order issued for the preservation of the status quo of the advice of the chief Justice Maraga dated September 21 to the president pending interparteis hearing and determination of the petition.”Korir ruled on Thursday.

Petitioners Leina Konchella and Abdul Munasar wanted the high court to stay the advisory saying it is subject to judicial review as an administrative act. The petitioners through lawyer Muturi Mwangi avered that the written advice to president Uhuru Kenyatta is not judicial. They further argued that there were no proceedings before the decision was reached.

Leina and Abdul further reasoned that Maraga’s action is beyond his authority to the extent that it purports to be grounded on parliament’s failure to enact two- thirds gender rule. The duo says the two-thirds gender rule can only be implemented through extensive amendments to the Constitution.

They further stated that should the president dissolve Parliament as advised, the realization of the two-thirds gender rule will be in jeopardy.

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