On a virtual hearing by justice James Makau, the petition to challenge speaker Justine Muturi’s election as the speaker of the National assembly was dismissed.
“This Court is alive to the fact that the Court can examine and even impeach Parliamentary proceedings, however, I find that in this case, the threshold for the exercise of such powers has not been met.”
“I find that the actions that are subject to these proceedings are matters relating to the internal proceedings of the National Assembly which it is mandated to exercise control over its internal proceedings and it ought to be allowed to regulate its own affairs without undue interference by the court or anyone. This position is firmly rooted in the Constitution of Kenya 2010 as provided under Article 117 and 124 of Constitution,” he ruled.
On a petition by Dr Noah Migudo Winja he claimed the election of speaker Muturi did not meet the constitutional quorum thus rendering it out of the house standing order.
The court cited there was no enough evidence to prove the allegation forwarded by Dr Noah Migudo Winja.
“I find that it is not enough for a party to allege a breach of the Constitution without providing particulars of the alleged breach. I find upon perusal of the petition as drawn and filed, that it does not qualify as a Constitutional Petition, nor does it raise any constitutional issues and same should be struck out,” read a court document.
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