Kenya High Court Temporarily Halts Maraga’s Advisory on Dissolution of Parliament

The High Court Monday issued conservatory orders restraining the Kenya Revenue Authority from implementing the minimum tax at a rate of 1 per cent of firms’ turnover.

The Kenya High Court Thursday temporarily halted the implementation of Chief Justice David Maraga’s advisory to President Uhuru Kenyatta on the dissolution of Parliament.

Justice Weldon Korir issued the orders following a petition filed by Leina Konchella and Abdul Munasar who wanted the High Court to stay the advisory, saying it is subject to judicial review as an administrative act.

“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 inter parties hearing and determination of the petition,” Korir ruled on Thursday.

According to the petitioners, “The Chief Justice has mischievously attempted to shield his act by fashioning the advisory as a judicial decision while no such proceedings can competently exist in the Kenyan court system,.

He has chosen a moment when the country is in the worst financial and other difficulties to exacerbate the challenges Kenyans face.”

Consequently, the Law Society of Kenya (LSK)  through its President Nelson Havi, demand that MPs and senators to cease holding office effective October 12. 

According to Havi, the CJ’s advisory to President Uhuru Kenyatta to dissolve Parliament is to be executed within the stipulated 21 days, the term of the August House will end on October 12.

“Any legislative authority exercised by Parliament after the expiry date will be without the authority of Kenyans. Following the advice by the CJ, the President is duty-bound to dissolve Parliament,” Havi said.

The Petitioners are required to serve their pleadings upon the CJ, Parliament, Attorney General, and the Speakers of the Senate and the National Assembly on September 28.