President Uhuru’s lawyer Ahmednasir Abdullahi has torn into Chief Justice David Maraga’s quest to dissolve the Parliament for flouting the two-thirds gender rule.
In a series of tweets, the flamboyant lawyer said the call by Chief Justice showed his “lack of sound grounding on the law”.
“In 2017 when he (Maraga) nullified the Presidential election, he compensated his lack of sound grounding on the law by making controversial decisions that resonate with Wanjiku. He thus builds his reputation not with the law students, legal scholars, or practitioners but with the man/woman on the street. Today’s advisory note to the president should be appreciated in that context,” Ahmednasir said.
The outspoken lawyer noted that the Maraga lacked judicial philosophy in the traditional sense since of the word since he joined the Judicial service in 2003.
“In the 17 years on the Bench, Maraga hasn’t espoused a theory of law that can help us pigeon hole him in any known legal school of thought. He camouflages the lack of legal philosophy with drama. He is a drama queen in a classical sense,” he said.
While explaining the status of the Chief Justice lawyer Ahmednasir said: ” the CJ sits only in one court, the President 6… of the Supreme Court. This wasn’t a judgment of the court of law.”
“He was not performing an administrative function required that required him to interrogate dialectical or competing claims and then render a decision.
He described Maraga’s duty as a “Courier service”. According to him, Maraga’s function is to relay messages from the High Court to the President and he should not give his opinion to the president.
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“The advice is “FORM” not “CONTENT “. Maraga has committed a constitutional error when he analyzed and rendered a legal opinion on the matter instead of transmitting the message from the High Court to the President,” Grand Muller said.
The Nairobi lawyer added the President has the absolute discretion to ignore the advisory issued by the Chief Justice.
“Does the word “shall” mean the President “must”. In this constitutional context, the verb “shall mean “may”. So the President has absolute discretion to ignore, shelf or take some time he decides what to do,” he said.
He says, the action by the CJ falls under the supervisory jurisdiction of the high court and he is guilty of “jurisprudential naivete”.
Related: You Have Made The Most Fatal Mistake – Moses Kuria Tells CJ Maraga
