High Court refers AG's suit against People's Assembly to the CJ

Attorney General Githu Muigai. PHOTO | NMG 

By MAUREEN KAKAH

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Summary

• Justice John Mativo ruled that the case raises substantial issues of law and the constitution.
• He ruled that the file be forwarded to Chief Justice David Maraga to constitute a bench of an uneven number of judges to hear and determine the case.
• On Tuesday, the AG filed an application seeking the matter be heard by a three-judge only to seek withdrawal of the application today.

The High Court has referred to the Chief Justice a case filed by the Attorney-General challenging constitutionality of the People's Assembly in 14 counties.

Justice John Mativo ruled that the case raises substantial issues of law and the constitution.

He ruled that the file be forwarded to Chief Justice David Maraga to constitute a bench of an uneven number of judges to hear and determine the case.

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Weighty matter

He ruled that although a judge of High Court under article 165(4) of the constitution can hear any constitutional issues, the matter raises weighty constitutional issues presumably deserved to be heard by judges.

On Tuesday, the AG filed an application seeking the matter be heard by a three-judge only to seek withdrawal of the application today.

However, the judge allowed parties to argue on the case paving way for the ruling he made.