LSK’s Havi Asks Judges Handling Parliamentary Dissolution Case To Be Wary Of State Machinery

by Lawyer Alex

The Law Society of Kenya (LSK) President Nelson Havi has told a five-judge bench on the dissolution of Parliament to be wary of State machinery which may attempt to interfere with their rulings.

The stage is set for the hearing of the petition challenging Chief Justice David Maraga’s advisory to President Uhuru Kenyatta to dissolve the two Houses over failure to pass the gender rule.

This was after the CJ appointed the bench to be led by Lady Justice Lydia Achode.

Speaking when he visited judiciary officials and lawyers at Homa Bay High Court, Havi tasked the judges to consider public constitutionalism and public interest in delivering their judgments regarding the petitions.

Report intimidation

The High Court advocate who was accompanied by Homa Bay High Court Judge Justice Joseph Karanja and Senior Principal Magistrate Thomas Obutu urged the judges to report any form of intimidation or attempts by the state to compromise them for a favaourbale judgment.

“Let the five judges be cautious with 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 on their way,” Havi said.

He warned LSK would take any action needed to protect the judges in case of any threats and intimidation urging them not to fail Kenyans.

Gender rule

The LSK President reiterated his call for the National Assembly and the Senate to be dissolved because they were improperly constituted over legal requirement on gender rule, arguing Maraga was right in issuing the advisory order.

“We don’t want impunity in the country. The National Assembly and Senate are not constituted in line with the constitution,” he said.

As earlier reported by Mahakamani News, the matter was certified as urgent by Justice Weldon Korir who issued a conservatory order directing Uhuru to go slow on the implementation until the case was heard and determined. Besides Achode, other judges named on Wednesday, October 14, included justices George Odunga, James Makau, Anthony Ndungu and Pauline Nyamweya.

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