Chief Justice David Maraga has today appointed a 5-judge
bench to listen to a petition filed by the Parliamentary Service Commission
(PSC) challenging his dissolution advisory to President Uhuru Kenyatta.
The 5 judge bench will be made up of Justices; Lydia Achode,
George Odunga, James Makau, Anthony Ndungu and Pauline Nyamweya. Justice Achode
will be the chair of the bench.
PSC moves to court
Last month, National Assembly Speaker Justine Muturi announced
that PSC moved to the High Court to challenge CJ Maraga's advisory to the
President to dissolve the parliament.
"The Parliamentary Service Commission has
resolved to engage counsel to immediately proceed to the High court to
challenge the unlawful and unconstitutional action taken by the Chief
Justice," stated Muturi.
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Muturi said that decisions made in Parliament are subjected
to voting, and as such, no one can be forced to vote in a particular way.
“We must not lose sight of the real challenges in
implementing this matter and turn Parliament into a punching bag on account of
gender parity. The clamour for dissolution of the current Parliament on account
of failure to enact the two-third gender legislation is at the very least,
unrealistic,” he said in part.
When the matter was presented in court, Justice Weldon Korir stopped the implementation of the same, opting to refer the case to the CJ for the formation of a bench.
“I have carefully considered the petition and that it raises
substantial questions of law under Article 165(3)(d) of the Constitution.
Consequently, in exercise of the powers bestowed upon this Court under Article
165(4) of the Constitution, I certify this petition as one requiring to be
heard by an uneven number of judges, being not less than three, assigned by the
Chief Justice,” Justice Korir ruled.
It is on the basis of this ruling that he CJ has formed the 5-judge bench.
