The High Court has referred to the Chief Justice a case filed by Attorney-General Githu Muigai challenging the constitutionality of the 14 People's Assemblies.
On Tuesday Justice John Mativo ruled that the case raised substantial issues of law and the Constitution.
He ruled that the file is forwarded to Chief Justice David Maraga to constitute a bench of an uneven number of judges to hear and determine the case.
Justice Mativo further ruled that although a judge of the High Court under article 165(4) of the Constitution can hear any constitutional issues, the matter raised weighty constitutional issues presumably deserved to be heard by judges.
[caption caption="Justice John Mativo"]
[/caption]
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.
AG Muigai had moved to court to challenge the formation of the People’s Assemblies in the NASA support base.
The AG, in the case filed under certificate of urgency against 14 county assemblies and Council of County Governors, asked the court to declare the formation of the assemblies illegal and unconstitutional.
Already 14 counties have passed a motion to form the People’s Assemblies.
[caption caption="AG Githu Muigai"]
[/caption]
However, the Chief Government legal advisor argued that these are illegal actions by MCAs since there is no law requiring them to do so.
