National Assembly Speaker Moses Wetangula has raised concerns about the growing tension between Parliament and the Judiciary, pointing out that Members of Parliament (MPs) are frustrated by the frequent issuance of conservatory orders against parliamentary decisions.
Speaking on Friday, August 22, during the first-ever Joint Forum that brought together leaders from the National Assembly and the Judiciary, Wetangula explained that MPs were unhappy because the constant injunctions from judicial officers were interfering with Parliament’s ability to carry out its legislative duties.
He noted that, in many cases, laws passed by the National Assembly were later challenged and declared unconstitutional by the courts, a trend that has left many legislators questioning the role of judicial intervention in lawmaking.
In his remarks, the Speaker emphasized that while Parliament is fully committed to its constitutional mandate, it was important to understand why judicial officers frequently nullify Acts of Parliament. He explained that this has been viewed by lawmakers as a setback to their efforts to deliver laws that serve Kenyans.
Even as he raised these concerns, Wetangula affirmed Parliament’s support for strengthening the Judiciary. He pledged that the National Assembly would continue advocating for increased budgetary allocations to the Judiciary to help it deliver its mandate more effectively.
He stressed that the two institutions should not be adversaries but partners working towards the common goal of serving the people of Kenya. According to him, constructive dialogue and consultations were the best way to enhance cooperation and maintain harmony between Parliament and the courts.
Chief Justice Martha Koome, who also attended the event, responded firmly to Wetangula’s remarks. She cautioned that while collaboration between the two arms of government is important, too much closeness could easily erode the independence of each institution and undermine public trust.
Koome explained that while institutional independence allows both Parliament and the Judiciary to engage on common issues, decisional independence—especially on judicial rulings—must never be compromised.
“We are leaders entrusted with constitutional mandates to serve the public, and the public alone. The Constitution reminds us that this mandate comes directly from the people, and it must always be exercised in good faith and with integrity,” Koome said.
She added that the Judiciary has always exercised restraint when it comes to interfering with parliamentary processes. However, she defended judicial review as a necessary safeguard to ensure that Parliament’s actions remain in line with the Constitution.
Despite the differences raised during the discussions, the meeting ended on a positive note. Leaders from both institutions agreed that it was vital to safeguard constitutionalism, promote accountability, and protect the principles of democracy.
They jointly reaffirmed their commitment to respecting the doctrine of separation of powers while at the same time building a spirit of constructive interdependence for the good of the nation.
To strengthen engagement and prevent future conflicts, Parliament and the Judiciary agreed to set up a collaborative and consultative forum that will allow the two institutions to openly discuss matters of national interest.
This, they said, will be done with mutual respect and with the ultimate goal of serving the Kenyan people.
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