President Uhuru in the recent past has been accused of favouring certain communities in appointments.
Mr Omtatah on Monday moved to court to have their election nullified arguing that the two had served beyond the one-term limit stipulated in the law. This move is likely to excite a section of Jubilee lawmakers, who were opposed to the appointment of the two.
“This court be pleased to issue a temporary injunction restraining the respondent and/or its agents from giving effect, in any way, to the respondent’s appointment on Thursday February 22, 2018 of MP Adan Keynan and Senator Beth Mugo, as members of the Parliamentary Service Commission,” Mr Omtatah has said in a petition.
He has argued in the petition that unless the two appointments are suspended and Parliament is restrained from implementing or acting on the same, the Constitution will be violated further.
“On Thursday, February 22, 2018, Parliament contemptuously and deliberately contravened Article 250-6(a) of the Constitution, as read together with Article 101-1 by approving two of its members to serve as commissioners of the PSC beyond the one term of five years allowed under the Constitution.
"The approval of the two legislators to serve beyond the limit of five years is expressly unconstitutional and, therefore, invalid, null and void,” Omtatah argued.
He says Parliament has threatened and violated provisions of the Constitution and the law, undermining constitutionalism and the rule of law.
“From the foregoing before court, the National Assembly has failed to respect, uphold and defend the Constitution,” he said.
On Monday, reports emerged that Majority Leader Aden Duale had ordered the surrender of all electronic voting chips by all Jubilee lawmakers for audit on their voting pattern, particularly on the two members to the JSC.
Reports indicate that several Jubilee MPs did not want the long serving Nominated Senator Beth Mugo and Eldas MP Adan Keynan on the PSC as “the two were personalising the commission with their long tenure, but the Executive in the end had its way.”
The new twist comes even as Jubilee lawmakers are already fighting off an earlier directive from State House which required all of them to seek approval from the Presidency, if they were to appear on Television and Radio shows.