High Court Suspends Chief Justice Maraga's Advisory to Uhuru on Dissolution of Parliament
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.”
Comments
UHURU IS PREACHING WHAT HE…
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UHURU IS PREACHING WHAT HE DOESN'T PRACTICE.
PREACHING WATER WHILE DRINKING WINE.
CHANGES WILL COME EITHER THROUGH THE BALLOT OR BY THE GUN...KENYANS ARE TIRED OF THIS BS.
Maraga never puts people’s…
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Maraga never puts people’s interest ahead of some of the decisions he makes as a CJ! He drops these foolish decisions without thinking through how his self serving decision will affect the lives of ordinary Kenyans.
This CJ is clearly not well rounded to understand things like the economy, etc. And, while the law is a piece of ass, you have to use the head to put that ass in the right direction and to the interests of the people you serve.
The current covid19 situation has terribly affected everything in Kenya from the economy to employment/unemployment. Kenyans are hurting in every aspect of life due to the devastating effects of Covid 19, corruption, bad laws and everything in between! The most unfortunate thing is that Maraga is blind to the situation in Kenya.
Then comes a Maraga decision to put Kenyans into politicking mood while things are terribly shaky across the country. The laws can be good but the laws do not put food on the table. Why is Maraga now rushing to fire the MPs on his way out?
While I think the MPs should be fired, I think they should be fired for being corrupt and for steering the country in the wrong direction.
I think the country is ready for Maraga to retire and get out of our face! He lacks general wisdom and that is a dangerous thing for CJ. Masarama!!
The Mp’s did not do their…
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In reply to Maraga never puts people’s… by Mathenge (not verified)
The Mp’s did not do their job.
Maranga did his job.
Why are the Mp’s being paid???
Maraga tried to do his job…
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In reply to The Mp’s did not do their… by Guesty (not verified)
Maraga tried to do his job with some ulterior motives to appear like he is doing his job! He has failed miserably and he knows it!
You said it well…
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In reply to Maraga never puts people’s… by Mathenge (not verified)
You said it well. Additionally, the timing of it is also questionable. Perhaps he wants to run for political office on retiring having failed miserably in judiciary.
Maraga cannot be a…
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In reply to You said it well… by Mūgīkūyū (not verified)
Maraga cannot be a politician! He has failed in the easiest job around! He can’t speak to save his life! How is he gonna represent any body??
Kenya Members of parliament…
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Kenya Members of parliament of all people should know what the Kenya constitution says. ITS THEIR JOB!!!
But it appears the MP’s believe their job is to rubber stamp Executive orders and collect the payments (made by other politicians) in the women’s toilet.
All what this drama shows once again, the Kenyan government is a Cult.
They are just preoccupied with making money.
We.Want.Secession.
The MPs are pre-occupied…
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The MPs are pre-occupied with money.
If Maranga offered them money they will Dissolve the parliament themselves.
They are fighting back because of Money not because Maranga is wrong.
Do not think Maraga is all…
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In reply to The MPs are pre-occupied… by Guesty (not verified)
Do not think Maraga is all that innocent! He is very corrupt as he has become DP Ruto agent. Ruto has put Maraga on his payroll! Why do you think Maraga is making these crazy advisories without using his head?
Maraga advisory is what the…
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Maraga advisory is what the constitution says. Read the constitution. CJ is right, otherwise, ask the constitution writers why they included such clauses
The simple question which…
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The simple question which comes to mind is: Was the Constitution made to serve Kenyans, or do Kenyans exist to serve the Constitution? Clearly, according Maraga, Kenyans exist to serve the Constitution. Laws are made to serve Man, and if they become cumbersome, they can be changed, or deleted, the same way that they were made. It is not Rocket Science.
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