The High Court has temporarily stopped the implementation of Chief Justice David Maraga’s advisory to President Uhuru Kenyatta on dissolution of Parliament.
Justice Weldon Korir issued the orders on Thursday following a petition filed to challenge the advisory to dissolve Parliament over failure to implement the two-thirds gender rule.
“In the circumstances of this case, I, therefore, find the petitioners’ notice of motion dated September 23 merited. I allow it in terms of prayer so that a conservatory order issued for the preservation of the status quo of the Advice of the Chief Justice dated September 21 to the president pending inter parties hearing and determination of the petition,” Korir ruled on Thursday.
In the petition, which was filed on Wednesday, 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 argue that that the written advice to the Head of State is not judicial.
“The Chief Justice has mischievously attempted to shield his act by fashioning the advisory as a judicial decision while no such proceedings can competently exist in the Kenyan court system,” the petition reads.
According to the two, Maraga’s action was irrational and unreasonable.
“He has chosen a moment when the country is in the worst financial and other difficulties to exacerbate the challenges Kenyans face, ” the petition adds.
Maraga’s Monday advisory has elicited mixed reactions among Kenyans with some supporting and others opposing the advisory to send lawmakers home.
National Assembly Speaker Justin Muturi on Tuesday said the Parliamentary Service Commission will move to court to challenge the advisory.
The Law Society of Kenya (LSK) issued a statement today demanding the dissolution of the August House Parliament in 21 days.
LSK president Nelson Havi said both the National Assembly and the Senate will be operating unlawfully from October 12.
In a letter to National Treasury Cabinet Secretary Ukur Yattani, Havi wants the legislators’ pay to stop being remitted.
He also asked Interior CS Fred Matiang’i to withdraw the lawmakers’ security details once the 21 day period lapses.