Chief Justice David Maraga is now expected to appoint a three-judge bench to hear and determine a case challenging the Ksh.250,000 monthly house allowance to legislators.
This comes after parties in the case on Monday agreed that issues raised in the case are weighty and need to be addressed by a panel of judges.
Justice Weldon Korir also extended orders issued to the Salaries and Remuneration Commission (SRC) barring the Parliamentary Service Commission (PSC) from paying MPs the disputable allowance.
“In the circumstances, I direct that the file be taken to the Registrar so as to forward it to the Chief Justice for empanelment of a bench,” ruled Justice Korir.
Lawyer Tom Ojienda told the court the orders issued against the MPs makes it difficult for them to continue with their parliamentary duties, adding that they need to be facilitated.
Justice Korir however dismissed this saying the legislators will have to wait for hearing and determination of the case.
“The MPs have to be patient and wait, these allowances just came the other day,” stated the court.
The SRC has opposed the allowances saying the scheme would result in loss of public funds in excess of Ksh.99.5million per month and Ksh.1.194 billion annually.
The case was set for mentioning on July 1, 2019.