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.”
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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.