DCJ Mwilu forms five-judge bench to hear petitions against his advisory

By Sheila Mutua On Wed, 14 Oct, 2020 11:31 | < 1 min read
Justice George Odunga is among the five judges picked by CJ Maraga to hear petition against his advisoy for dissolution of Parliament. PHOTO | PD

Chief Justice David Maraga has appointed a five-judge bench to hear and determine constitutional and judicial review applications challenging his advisory opinion to the President Uhuru Kenyatta to dissolve Parliament.

There are up to five constitutional petitions filed by different applicants that will be heard by the new bench.

CJ Maraga picked Justices George Odunga, Pauline Nyamweya (head of the Judicial Review), Lydia Achode, James Makau, and Anthony Ndung’u to hear the five petitions.

The applicants Lennah Konchela, Attorney-General Kihara Kariuki, Parliamentary Service Commission, the Senate, Mathare MP Antony Oluoch and lawyer Adrian Kamotho have strongly opposed Maraga’s advisory calling on President Kenyatta to dissolve Parliament.

Maraga issued the advisory citing Parliament’s failure to enact the two-thirds gender rule.

However, the Law Society of Kenya and several civil society organizations, led by former Marakwet MP David Sudi, support the CJ’s advisory.

Sudi even called on Kenyatta to call a snap election following the advisory.

The petitions will be mentioned before the judges on a date to be allocated for the purpose of giving directions and hearing date.

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