High Court “Overturns,” Suspends Chief Justice’s advisory to the President Seeking Dissolution of the Parliament

Chief Justice David Maraga: Photo Courtesy

The High Court has suspended Chief Justice’s advisory note to the president seeking dissolution of the parliament. 

The court has directed that Maraga’s petition will become effective after the hearing and determining petitions filed by two Kenyans about the matter.  

Justice Weldon Koris, who also noted the cruciality of the petition filed by Mohsen Abdul Munasar and Leina Konchella, issued the orders suspending the CJ’s advisory on Thursday, October 24, 2020. 

Part of his orders reads, “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.”

However, Justice Korir emphasised that reading of the constitution indicates that CJ’s advisory triggers the president’s action unconditionally without taking any further steps. 

The petitioners, Mohsen Abdul Munasar and Leina Konchella had appealed against Maraga’s advisory note terming it unreasonable.

Kenyans are eagerly waiting to see whether Maraga’s advisory will be overturned entirely or remain effective.

What do you think?

Written by Barrack Ongwe

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