Exiled lawyer Dr Miguna Miguna has torn into the people threatening Chief Justice David Maraga on his decision on Parliament Dissolution.
Taking to his official social media accounts, Miguna said that the people threatening CJ Maraga do not understand the Constitution or applicable law.
According to his twitter post on Tuesday night, Miguna said that there are valid court orders issued after the two thirds gender rule had been litigated all the way to the Supreme Court.
Miguna went ahead noting that, filing a case to relitigate the issue would be struck out because it would be RES JUDICATA (a matter already settled by judgment), it would be a collateral attack on the valid Orders and the petitioner would be suing the CJ who isn\’t a party.
\”Filing a case to relitigate the issue would be STRUCK OUT on 3 grounds. First, it would be RES JUDICATA (a matter already settled by judgment). Second, it would be a COLLATERAL ATTACK on the valid Orders. And third, the petitioner would be suing the CJ who isn\’t a party ,\”tweeted Miguna.
Filing a case to relitigate the issue would be STRUCK OUT on 3 grounds. First, it would be RES JUDICATA (a matter already settled by judgment). Second, it would be a COLLATERAL ATTACK on the valid Orders. And third, the petitioner would be suing the CJ who isn't a party.
— Dr. Miguna Miguna (@MigunaMiguna) September 22, 2020
This comes after Maraga advised President Uhuru Kenyatta to dissolve Parliament for failing to implement the two-thirds gender rule.
However, some Senetors said that Article 216(6) requires an order to be issued before the clause(7) is invoked.
