Judge hands Speaker row to Chief Justice as lawyers demand Attorney General Mbeta be removed

A High Court judge has passed a row over Parliament’s powers to the Chief Justice, freezing a legal challenge against Speaker Sameer Suleman while the courts decide whether it raises a constitutional question.

Judge Allan Muhome referred the judicial review case, brought by concerned citizen Austin Mkoka, to Chief Justice Rizine Mzikamanda for certification as a constitutional matter.

He has also suspended proceedings until she decides.

If the Chief Justice certifies the case as constitutional, it will stay suspended until it is heard and decided by a panel of High Court judges set up under that provision.

Mkoka is challenging the legality of the Speaker’s decision to set up 12 joint parliamentary committees to investigate alleged corruption and governance failures in public institutions.

The case has taken a bitter turn.

According to court documents , the order was based on sworn statements from Attorney General Frank Mbeta.

Nicholls and Brookes, the law firm that previously represented the Speaker and Parliament, now wants Mbeta removed from the case.