Petitions blocking CJ’s call to dissolve House rise to five

Court petitions challenging the legality of Chief Justice David Maraga’s advisory on dissolution of Parliament have increased to five, with Mathare MP Anthony Tom Oluoch filing the latest one.

The MP wants a declaration that the CJ, while advising President Kenyatta to dissolve Parliament for failing to enact legislation on two-thirds gender rule, violated political rights of the lawmakers.

He also argues Mr Maraga undermined the legitimate expectation of MPs to serve their full terms in office until the date of the next general election on August 9, 2022. 

“The advice threatens the MPs’ political rights and legitimate expectation to remain in office until the next general election. The MPs are entitled to fair administrative action and the right to be heard before any decision to dissolve Parliament is made,” says Mr Olouch.

He contends the CJ also violated the MPs’ rights to fair administrative action and the right to be heard when he “unilaterally decided to advise the President to dissolve Parliament without abiding to the provisions of Article 47 of the Constitution”.

He said the CJ had an obligation to give the lawmakers written reasons before advising the President. While urging court to issue an order for status quo, the MP says the obligation of enforcing the Two-Thirds gender rule does not fall on Parliament but on other State actors and the electorate.

“Neither the MPs nor Parliament are to be held accountable for the fact that the ultimate membership of Parliament (National Assembly and Senate) complies with the two-thirds gender principle or not,” he argues.

The petition is awaiting allocation of a judge so that it can be given directions.