The High Court has certified the case filed by Attorney General Githu Muigai regarding National Super Alliance's (NASA) People's Assemblies as urgent.
Justice John Mativo on Tuesday directed the AG's petition to be served to the respondents for inter parties hearing set for January 30, 2018.
The hearing has been set for January 30, the same day as the controversial swearing-in ceremony of Raila Odinga as the People's Assembly's president.
The AG filed the petition at the Milimani Law Courts in Nairobi on January 22 under a certificate of urgency, challenging the constitutionality of the People’s Parliament currently established by 15 County Assemblies.
[caption caption="NASA leader Raila Odinga during the launching of People Assembly rally."]
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In his petition, the President's legal adviser termed the assemblies as "an illegality" as they are not in line with the constitutional framework.
He then asked that the petition be heard on a priority basis for reasons that there is an ongoing violation of the Kenyan constitution and the spending of public resources on unlawful activities through the establishment of People's Assemblies.
Currently, 15 County Assemblies have been established in the various assemblies between November 8 and December 6, 2017.
The counties that have already formed the assemblies include Mombasa, Kwale, Kilifi, Mandera, Kitui, Machakos, Makueni, Kakamega, Vihiga, Bungoma, Busia, Siaya, Kisumu, Homa Bay and Migori.
In his affidavit filed by Deputy Chief State Counsel Charles Mutinda, the AG noted that unless the matter is certified as urgent, public resources will continue being used unconstitutionally violating the Constitution and the Public Finance Management Act.
[caption caption="Attorney General Githu Muigai"]
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Mr Mutinda added that the matter raises a substantial question of law which is of great public importance.
On Tuesday, NASA CEO Norman Magaya highlighted that the AG's empty threats regarding treason had failed and that is why he moved to court to challenge the assemblies.
Mr Magaya further noted that the AG was confused and hopeless adding that Prof Muigai and the entire Jubilee Government will be sent home.
