Editor's Review

Former Chief Justice David Maraga in 2020 advised retired President Uhuru Kenyatta to dissolve Parliament. 

The Judiciary has announced that the case challenging the dissolution of Parliament will be mentioned on September 24, 2024.

In a statement on Friday, August 16, the Judiciary said a five-judge bench of the High Court was constituted to determine the petitions challenging the dissolution.

“A 5-judge bench of the High Court was reconstituted on July 31, 2024, to determine the consolidated petitions on a priority basis. The bench consists of Justices Jairus Ngaah (Presiding), Lawrence Mugambi, Patricia Nyaundi, Moses Otieno, and Tabitha Ouya Wanyama. The matter will be mentioned before the full bench on September 24, 2024,” read the statement in part.

The Judiciary said that in 2019 and 2020 former Chief Justice David Maraga received six petitions seeking advise to dissolve parliament pursuant to Article 261(7) as read with Articles 27(3) & (8), 81(b), and 100 of the Constitution.

File image of the National Assembly. 

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The six petitions sought the advice, on account of failure to enact legislation giving effect to the principle in Article 81(b), popularly known as the two-thirds Gender Rule.

On September 21, 2020, Maraga advised retired President Uhuru Kenyatta to dissolve parliament of failure to enact a law required to implement the two-thirds gender rule.

“The Hon. Chief Justice (Emeritus) gave an Advisory Opinion to His Excellency the President on September 21, 2020, advising the President to dissolve Parliament for failure to enact legislation required to implement the two-thirds gender representation principle,” the Judiciary stated.

Maraga’s advisory opinion to Uhuru was however challenged in the high court.