The High Court has suspended Chief Justice David Maraga’s advisory to President Uhuru Kenyatta on dissolution of Parliament pending hearing and determination of a petition filed by two Kenyans.
Petitioners Leina Konchella and Abdul Munasar wanted the High Court to stay the advisory, saying it is subject to judicial review as an administrative act.
The petitioners, through lawyer Muturi Mwangi, avered that the written advice to President Uhuru Kenyatta is not judicial.
Issuing the conservatory orders, justice Weldon Korir noted that
“In the circumstances of this case, I therefore find the petitioners notice of motion dated September 23 merited. I allow it in terms of prayer so that a conservatory order issued for the preservation of the status quo of the Advice of the Chief Justice dated September 21 to the president pending interparteis hearing and determination of the petition,” Korir ruled on Thursday.
The judge further noted that a reading of the constitution shows that the decision of the Chief Justice is expected to trigger action by the president without any further steps being taken, adding that once the president acts on the advisory the petition would be rendered nugatory.
So far the president is still mum over the advisory as politicians continue to take air their political views
