Members of the National Assembly on Monday urged a five judge bench to quash former Chief Justice David Maraga's advisory to the President calling for its dissolution over the two third gender rule impasse.
The MPs and Senators said they have no powers to enact the rule on elective positions and that the same would require amending articles 97 and 98 of the constitution on membership of National Assembly and Senate.
Through Lawyer Ahmednassir Abdullahi, the MPs said Maraga's advisory is unenforceable because it was based on an order directed to the eleventh parliament whose time expired on August 2018.
"There is no perpetual succession in parliament, therefore the order by Justice Mativo which had been directed to the previous house cannot be enforced," the lawyer said.
Justice John Mativo had in March 2017 given Parliament and the Attorney General 60 days to enact the two-thirds gender rule, failure to which any person could file a petition before the Chief Justice to have Parliament dissolved.
The Judge ruled that the National Assembly contravened the constitution by failing to pass the two-thirds gender rule.
But the current lawmakers now claim that that order cannot be enforced because it was directed to the previous house.
The attorney general also echoed the same sentiments shared by Ahmednassir. The AG told the court that Maraga failed to consider public interest when advising the president to dissolve parliament.
In the case, petitioners; Leina Konchela and Abdula Munsar, want the advisory by Maraga quashed terming it “unreasonable, irrational and irresponsible” while questioning its implementation.
Hearing continues on Tuesday.
