DCJ Philomena Mwilu appoints five-judge bench to hear dissolution of parliament cases

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BY  JOAN WANJIKU,NAIROBI,14TH OCT 2020-Deputy Chief Justice Philomena Mwilu on Wednesday  appointed a five-judge bench to hear the cases relating to his advisory on the dissolution of Parliament.

The bench will be led by Justice Lydia Achode.

The other judges include Justices George Odunga, James Makau, Anthony Ndungu and Pauline Nyamweya.

There are over six matters that have so far been filed on the said matter of dissolution of Parliament.

Among the cases in court include two Kenyans who challenged Maraga’s advisory.

Parliament has also sued Maraga and in another case, Attorney General Kihara Kariuki has also filed a case opposing the CJ advisory.

Parliament argued that dissolution of parliament as advised by the CJ is not tenable.

Parliament argues that the decision by Maraga is a grave error and a misapprehension of the provisions of the law.

They argue 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 in a separate case filed at the court argued that if parliament is dissolved then that may give the president another term.

Third Way Alliance has equally filed a petition seeking an interpretation of the constitution on the issue of the dissolution of the parliament.

Lawyer Adrian Kamotho has also filed a case challenging the advisory and he argues that the Chief Justice failed to disclose the next course of action or events that should follow upon dissolution of Parliament, thus occasioning profound anxiety to the public.

Kamotho says the intention to dissolve Parliament was never disclosed, published or publicized contrary to the dictates of Article 35 (3) of the Constitution.

The bench is expected to hear all these petitions and determine the case.

Justice Weldon Korir had forwarded the files to the CJ to empanel a bench to hear the cases arguing that the cases raised substantial issues of law that should be determined by a bench.

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