The case filed by a number of petitioners challenging Chief Justice David Maraga dissolution of Parliament advisory to President Uhuru Kenyatta is set to stall after the petitioners rejected a five-judge bench appointed by Deputy Chief Justice Philomena Mwilu.
According to the petitioners, Justice Mwilu has no powers to appoint the bench on behalf of CJ Maraga.
In a notice of preliminary objection filed in court, the two petitioners; Leina Konchellah and Mohsen Munasar want the 5-jusge bench appointed by DCJ Mwili to vacate the case, arguing that thei appointment was not in line with the Constitution.
“The office of the Deputy CJ cannot exercise powers conferred on the Chief Justice under the law,” their notice of objection read in part as quoted by the Star.
Mwilu appoints 5-judge bench
Last week, DCJ Mwilu appointed a 5-judge bench to listen to a petition filed by the Parliamentary Service Commission (PSC) and other petitioners challenging CJ Maraga’s Parliament dissolution advisory to President Kenyatta.
The 5-judge bench appointed by DCJ Mwilu included Justices; Lydia Achode, George Odunga, James Makau, Anthony Ndungu and Pauline Nyamweya.
Justice Achode was appointed chair of the bench.