The High Court has issued orders suspending Chief Justice David Maraga’s advisory to President Kenyatta to dissolve Parliament.
Justice Weldon Korir issued the conservatory orders on Thursday pending the hearing and determination of a case filed before him by two Kenyans.
He certified the case lodged by Leina Konchella and Mohsen Abdul Munasar as extremely urgent, saying it raises weighty constitutional issues.
“It is also important to observe that it is in the public interest not to subject the country to parliamentary elections before exhaustively interrogating the constitutionality of the decision of the Chief Justice. The public interest, therefore, supports the issuance of conservatory orders,” reads the order.
The two petitioners have pleaded with the court to quash the advisory, terming it unreasonable, irrational, and irresponsible.
Maraga asked Uhuru to disband Parliament citing MPs’ failure to enact legislation required to implement the two-thirds gender rule as required by the Constitution.
“It is incontestable that Parliament has not complied with the High Court order. As such, for over 9 years now, Parliament has not enacted the legislation required to implement the two-thirds gender rule which, as the court of Appeal observed in its said judgment, is a clear testimony of Parliament’s lackadaisical attitude and conduct in this matter. Consequently, it is my constitutional duty to advise Your Excellency to dissolve Parliament under Article 261 (7) of the Constitution,” said Maraga in the advisory.
“If Parliament fails to enact legislation in accordance with an order under clause (6)(b), the Chief Justice shall advise the President to dissolve Parliament and the President shall dissolve Parliament. It is my constitutional duty to advise you, the President of the Republic of Kenya, which I hereby do, to dissolve Parliament.”