The case filed by a number of petitioners challenging Chief
Justice David Maraga dissolution of Parliament advisory to President Uhuru Kenyatta is set to stall
after the petitioners rejected a five-judge bench appointed by Deputy Chief Justice
Philomena Mwilu.
According to the petitioners, Justice Mwilu has no powers to appoint the bench on behalf of CJ Maraga.
In a notice of preliminary objection filed in court, the two petitioners; Leina Konchellah and Mohsen Munasar want the 5-jusge bench appointed by DCJ Mwili to vacate the case, arguing that thei appointment was not in line with the Constitution.
“The office of the Deputy CJ cannot exercise powers
conferred on the Chief Justice under the law,” their notice of objection read
in part as quoted by the Star.
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Mwilu appoints 5-judge bench
Last week, DCJ Mwilu appointed a 5-judge bench to listen to
a petition filed by the Parliamentary Service Commission (PSC) and other
petitioners challenging CJ Maraga’s Parliament dissolution advisory to
President Kenyatta.
The 5-judge bench appointed by DCJ Mwilu included Justices;
Lydia Achode, George Odunga, James Makau, Anthony Ndungu and Pauline Nyamweya.
Justice Achode was appointed chair of the bench.