, MOMBASA, Kenya, Sept 12 – Speaker of the National Assembly Justin Muturi has criticized the judiciary saying it is undermining the role of Parliament in legislation.
Muturi said the courts have constantly interfered with the functions of Parliament by issuing orders and injunctions curtailing the implementation of laws passed by the House.
“This principle of oversight is today faced with great threat from the Judiciary, once we have passed the law…it is irresponsible in my view that anybody desiring to challenge the legality or other ways of the law then passed can purport to sue the Speaker or even the House,” stated the Speaker during parliamentary leadership retreat in Mombasa.
He went on to explain that as a Speaker does not cast a vote when Bills are passed, he shouldn’t be enjoined in any case targeted at Parliament.
Muturi was angered by the fact that the courts allowed individuals to take court action on the House or the Speaker yet the representative of the government was the Attorney General.
“Parliament’s very cardinal role of oversight is being faced with a great threat, and I speak without any fear of contradiction, this threat comes from the Judiciary,” stated Muturi.
His sentiments were echoed by the Commission for the Implementation of the Constitution (CIC) Chairman Charles Nyachae who urged the courts to respect Parliament.
“Mahakama naye, na ndio nimesema hapo ndani ingekuwa vizuri wakumbuke ya kwamba pia bunge inamajukumu yake kikatiba kwa hivyo ipatiwe nafasi ili iweze kuhudumia nchi kulingana na hayo majukumu” (the courts like I said should remember that Parliament has its constitutional mandate and should be left to perform its functions),” said Nyachae who was among the invited guests.
In the same breath, Nyachae said courts should however not be demonised as they also had a constitutional role to aid in the implementation of the Constitution.
Speaking on different terms, Majority leader in the National Assembly Aden Duale urged the Judiciary to mediate in the looming conflict over roles and mandates between the Senate and the National Assembly.
The Speaker of the National Assembly said the most recent conflict between the National Assembly and the Senate over the Division of Revenue Bill was unnecessary as the National Assembly was tasked with the responsibility of splitting revenue between the National and County governments while the Senate’s role was pinned on the County Allocation of Revenue Bill.
The third National Assembly Leadership retreat was organised to allow the leaders assess its progress and come up with new strategies to enhance the achievement of its goals ahead of the commencement of the 2nd Session on October 14th.
The retreat comes to a close on Sunday, 14th September.