The petition further wants that, upon lapse of the 21 days, parliament should stand automatically dissolved.
The party argues that Parliament is bound by the principle of perpetual succession.
This means that the current House is liable to acts and omissions of the previous one.
The Thirdway Alliance Party has asked the court to declare that Chief Justice David Maraga’s advisory to President Uhuru Kenyatta to dissolve parliament was not a “mere a recommendation but a constitutional command”.
As such, the party wants a finding that Mr Kenyatta has no option but to send packing all the 349 members of the National Assembly. In a petition filed at the High Court in Milimani, Nairobi Tuesday, the party also wants the court to compel the President to dissolve Parliament within 21 days from the date of the advisory. This was the fourth petition to be filed in relation to Justice Maraga’s letter dated September 21.
