Thirdway Alliance party leader Ekuru Aukot plans to petition the Judicial Service Commission to fire High Court Judge Justice James Makau.
He accused Justice Makau of offending the Constitution by issuing an order barring the county assemblies from debating the Punguza Mizigo Bill. The order will be in force for the next 14 days or until further directions. Aukot said the order was unconstitutional and unreasonable.
The International Economic Law Centre and David Ngari challenged the bill and their suspension prayers were granted. Hence, the debate on the bill will wait for the case to be concluded. But Aukot said the decision was illegal.
"This judge, by taking 14 days from the timelines, has actually offended the Constitution and personally I'm not satisfied, and I will do everything possible even if it means petitioning the JSC for his removal," Aukot said.
Aukot spoke yesterday at the Nyandarua County assembly where he urged MCAs to support the bill. He said Makau’s order amounts to amending the Constitution through the backdoor, yet the supreme law only allows for a parliamentary resolution or popular initiative.
"The order takes away a constitutional timeline. It's like taking politics to a court of law."
The Constitution provides that such a bill be approved by at least 24 county assemblies so it moves to the next stage. Aukot said the case from which the order arose was only for mention in the morning, but his lawyer was kept waiting until 5pm when Makau turned it into a hearing.
He said tall the respondents had not been served with the petition.
"I've confirmed from speakers and clerks of the county assemblies that they had not been served with the petition. On which bases did he give the orders when all the respondents had not been served to respond?" he asked.
Nyandarua county assembly clerk Muriithi Wairimu said he learnt of the High Court order from the media. He said nothing stops the MCAs from debating the Bill as they have not been served.
"In the absence of that order ... county assemblies can proceed and consider the bill as it was presented to them until otherwise served," he said.
(Edited by F'Orieny)
