Parliament has resolved to move to the high court to challenge Chief Justice David Maraga’s advisory to president Uhuru Kenyatta to dissolve Parliament.
Parliamentary Service Commission (PSC) said on Tuesday it would seek legal services to challenge CJ Maraga’s advisory in court to block the dissolution bid.
Speaking on Tuesday, PSC chair Speaker Justin Muturi said they had arrived at the decision following a special meeting and talks with the Senate Speaker.
PSC argued that the CJ’s advice to Kenyatta to dissolve Parliament was “ill advised, premature and unconstitutional and is a recipe for plunging the country into a constitutional crisis of monumental proportions.”
Muturi said: “The Chief Justice ignored fundamental issues that go to the root of the fabric and structure of our Constitution in advising the President to dissolve Parliament.”
He added: “In particular, the Honourable Chief Justice glossed over the fact that there are two High Court petitions set for hearing on October 7, 2020 to determine, among other issues, whether the order made by Justice Mativo on March 29, 2017 during the tenure of the 11th Parliament is applicable to the 12th Parliament which was elected in August 2017. It is therefore premature for the Rt. Hon. Chief Justice to take this action while the High Court is yet to determine this matter.”
Muturi added that meanwhile all Members of Parliament would continue receiving their pay.
Maraga on Monday wrote to Kenyatta asking for Parliament to be dissolved for failing to pass the gender law as ordered by the High Court for nine years.