The High Court has dismissed with costs a petition challenging the election of Justin Muturi as National Assembly Speaker.
In a virtual ruling on July 30, 2020 by Justice Makau, the Court upheld the respondents' preliminary objections challenging its jurisdictions and dismissed the petition with costs to the respondents.
Makau ruled that the Court lacked jurisdiction to entertain the petitioner's prayers and ordered that the Costs of the petition be borne by the petitioner.
The petitioner, Noah Migudo Winja had challenged the Muturi's election requesting the High Court to nullify the elections claiming that 'the elections had been conducted without the required quorum thereby rendering it outside the provisions of the Constitution and the Standing Orders".
He had further requested that the High Court orders the Clerk of the National Assembly to declare him as the only candidate who was duly qualified for the said elections, thereby naming him the Speaker of the National Assembly of the 12th Parliament.
On their part, the respondents argued that under the constitution and the Standing orders of the National Assembly, the election of the Speaker of the " is a matter to do with internal arrangements of Parliament, adding that the doctrine of Separation of Powers demands that the Courts do not interfere with such arrangements”.
The respondents including the Attorney General and the Assembly's clerk, Michael Sialai submitted that the court lacks jurisdiction to overturn actions taken by the clerk in his capacity as the Returning Officer of the said elections.
They also argued that Courts are required to show restraint to the independence of the legislature, more so when it comes to questioning Parliamentary procedures as long as they do not breach the Constitution or are not in excess of their mandate.
