Petitioners who are against the advisory of CJ Maraga regarding Parliament dissolution have opposed Deputy Chief Justice Mwilu's five-judge bench set to hear the cases on the issue.
On Monday October 19, the petitioners argued in the court papers the DCJ has no powers to appoint the bench.
Two Kenyans and another entity joined the lawmakers to challenge the CJ's advisory. The lawmakers sued the CJ on the same issue, arguing that Parliament dissolution infringes on Constitutional rights.
Attorney General Kihara Kariuki, Lawyer Adrian Kamotho, and Third Way Alliance also filed separate petitions to oppose the advisory.
According to the lawmakers, the dissolution of Parliament means that none of the current Bills that the executive generated through members or the State can be passed or enacted into law.
In his petition, the attorney-General argued that the president may serve for another term if parliament is dissolved.
In a different case, Third Way Alliance also seeks an interpretation of the constitution regarding the issue.
Lawyer Kamotho argued that the CJ's advisory is bound to create extreme anxiety among the public as Maraga has not disclosed the next course of action or events should Parliament be dissolved.
According to the lawyer, the advisory violates Article 35 (3) of the Constitution as the intention to dissolve Parliament was never disclosed, published or publicized.
DCJ Mwilu appointed the bench last week and Justice Lydia Achode is to lead it. Other judges in the bench are Justices James Makau, Pauline Nyamweya, and Anthony Ndungu.
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