NAIROBI, Kenya Oct 14 – Deputy Chief Justice Philomena Mwilu has appointed a five-judge bench to hear and determine constitutional and judicial review applications challenging Chief Justice David Maraga’s advisory opinion to President Uhuru Kenyatta to dissolve Parliament for failing to enact laws on two-thirds gender rule.
There are up to five constitutional petitions filed by different applicants which will be heard by the five judges.
They include Justice George Odunga, Pauline Nyamweya (head of Judicial Review), Lydia Achode, James Makau and Antony Ndungu.
The applicants Lennah Konchela, Attorney General, Parliamentary Service Commission, the Senate, Mathare MP Antony Oluoch and lawyer Adrian Kamotho have strongly opposed the CJ’s advisory opinion to the President to dissolve Parliament and they have sought a constitutional interpretation of the opinion.
The Law Society of Kenya (LSK) and various rights groups have voiced support to the CJ’s advise to the president to dissolve Parliament.[Following a clarification from the Judiciary, this article has been edited to indicate that the five judges were appointed by Deputy Chief Justice Philomena Mwilu and not Chief Justice David Maraga who is a respondent in the petitions]