Kilome MP Harun Mwau has moved to court seeking to extend the term of the current parliament.
Mwau wants the term extended to January 15, 2013 as opposed to constitutional requirements that elections be held on the second Tuesday of August 2012.
If allowed by the court, this will see sitting MPs’ term extended as a result of the alleged delays caused by the post-election violence, in starting parliamentary sessions.
In achieving this, the MP who has been fighting to clear his name from a list of leading narcotic drugs kingpins released by US President Barack Obama, wants the court to declare that President Kibaki has no power or authority to dissolve parliament under the new constitution.
The MP is also seeking a declaration determining whether the National Accord and Reconciliation Act was amended to remove the death clause before the effective date of the new Constitution came into force.
He wants the court declare that the unexpired term of the existing MPs under the former constitution includes terms and services.
President Kibaki was sworn into office on December 30, 2007 and the new session of the Tenth Parliament on January 15, 2008.