Deputy Chief Justice Philomena Mwilu has appointed a five-judge bench to hear cases related to her boss David Maraga’s advisory to President Uhuru Kenyatta to dissolve Parliament.
Mwilu has picked Justice Lydia Achode to lead the bench.
Other judges include Justices George Odunga, James Makau, Anthony Ndungu and Pauline Nyamweya.
At least six petitions have been filed following Maraga’s advisory to the Head of State to send lawmakers home over failure to enact laws key in the implementation of the two-thirds gender rule.
Two Kenyans moved to court last month to challenge the advisory on grounds that it is subject to judicial review as an administrative act.
The petitioners, Leina Konchella and Abdul Munasar, argue that that the written advice to the Head of State is not judicial.
The court suspended the implementation of the Maraga advisory pending hearing of the case.
In another petition, the Parliamentary Service Commission (PSC) challenged the Maraga advisory terming it illegal.
Parliament argues that dissolution of parliament as advised by the CJ is not tenable.
PSC argues 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 and or be enacted into law.
Attorney-General Kihara Kariuki has also filed a case opposing the CJ’s advisory. He argues that if parliament is dissolved then that may give the president another term.
Third Way Alliance party also moved to court seeking an interpretation of the constitution on the issue of the dissolution of the parliament.
The five-judge bench is expected to hear all these petitions and give a verdict.