The Government’s push to stop the People’s Assembly has been referred to Chief Justice David Maraga to appoint three judges to hear the dispute.
Justice John Mativo ruled that the case filed by Attorney General Githu Muigai challenging the creation of the People’s Assemblies by 14 counties raises substantial questions touching on the Constitution, which can only be determined by at least three judges.
“The dispute revolves around the sovereignty of the country which has never been determined by any court. Although the dispute looks simple, it involves some deep and complex issues which require a bench on uneven number to determine,” ruled Mativo.
He said the issue involves the interpretation whether the people can directly exercise power as proposed in the structure of the people’s assemblies and which can only be determined by at least three judges.
Justice Mativo at the same time gave the National Super Alliance three weeks to file response from the 14 counties who have passed the motion for creation of people’s assembly.
The counties are Siaya, Vihiga, Homa Bay, Kakamega, Busia, Bungoma, Migori, Kisumu, Mombasa, Kitui, Makueni, Kilifi, Kwale and Machakos.
NASA has been pushing for the creation of the assemblies after boycotting last October's repeat election.