Court petitions challenging the legality of Chief Justice David Maraga’a advisory to the President to dissolve the National Assembly has raised to five, with Mathare MP Anthony Tom Oluochfiling the lastest one
The legislator is seeking a declaration that the Chief Justice violating the political rights of lawmakers by advising the President to dissolve Parliament for failing to enact legislation on two-thirds gender rule.
He also argued that the CJ undermined the legitimate expectation of MPs to fully serve their five-year term in office.
“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 Oluoch.
Oluoch belives Maraga also violates the legislators’ rights to fair administrative action and the right to be heard after unilaterally advising the President “to dissolve Parliament without abiding by the provisions of Article 47 of the Constitution”.
According to him, Maraga is obliged to write to Parliament giving reasons before advising the President. He said the obligation of enforcing the Two-Thirds gender rule does not fall on Parliament but other State actors and the electorate.
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“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 by MP Oluoch is currently waiting for the allocation of a judge so that it can be given directions.
Related: High Court stops Maraga’s order on dissolution of parliament
