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KEY DECISION

Approve Maraga advisory to dissolve Parliament, Havi tells bench

LSK president says the decision by the five judges is crucial to Kenyans.

In Summary
  • The five judges were appointed by the Deputy Chief Justice Philomena Mwilu to hear cases on Maraga’s advisory.
  • Havi told the judges to consider constitutionalism and public interest in delivering their judgments on the petitions.
Homa Bay senior principal magistrate Thomas Obutu and LSK president Nelson Havi speak to journalists after their meeting in Homa Bay town on October 15, 2020
Homa Bay senior principal magistrate Thomas Obutu and LSK president Nelson Havi speak to journalists after their meeting in Homa Bay town on October 15, 2020
Image: ROBERT OMOLLO

The Law Society of Kenya has asked the five-judge bench to approve the recommendation of Chief Justice David Maraga on dissolution of Parliament.

The five judges were appointed by Deputy Chief Justice Philomena Mwilu to hear cases on Maraga’s advisory to President Uhuru Kenyatta to dissolve Parliament.

Justice Mwilu appointed the five judges led by Justice Lydia Achode. Others are George Odunga, James Makau, Pauline Nyamweya  and Anthony Ndungu.

Justice Maraga’s advisory could send home 416 members of the National Assembly and their counterparts in the Senate.

LSK president Nelson Havi asked the judges to support Maraga’s advice and urged them to be wary of government machinery that can be used to interfere with their decision.

Speaking after meeting Judiciary officers and lawyers at Homa Bay High Court on Thursday, Havi told the judges to consider constitutionalism and public interest in delivering their judgments on the petitions.

Havi who was accompanied by Homa Bay Judge Joseph Karanjah and senior principal magistrate Thomas Obutu urged the judges to report any form of coercion or attempts by the state to compromise them.

The LSK president said the decision of the five judges is crucial to Kenyans.

“Let the five judges be cautious about attempts to compromise or coerce them in order to give a judgment that favours a given arm of government. They should report any form of threat or intimidation that may come their way,” Havi said.

He said LSK would take any action needed to protect the judges in case of any threats or intimidation. Havi asked the judges not to fail Kenyans.

“Let them know that the lives of Kenyans lie on them. Let them make the right and profound judgments,” he added.

Havi reiterated his call for the National Assembly and the Senate be dissolved on the grounds that they are improperly constituted regarding the legal requirement on gender.

He argued that Maraga was right in issuing the advisory. “We don’t want impunity in the country. The National Assembly and Senate are not constituted in line with the Constitution,” he said.

Edited by Henry Makori