Petitioners in the case challenging CJ David Maraga's advisory on the dissolution of Parliament have opposed the five-judge bench appointed by Deputy Chief Justice Mwilu to hear their case. The petitioners on Monday argued that Mwilu has no powers to appoint the bench. They want the five judges appointed by the DCJ to recuse themselves from the case as their appointment was ultra vires to the Constitution. “The office of the Deputy CJ cannot exercise powers conferred on the Chief Justice under the law,” they argue. Mwilu appointed the five-judge bench last week.
Source: The Star October 19, 2020 13:07 UTC