Parliament will not be injuncted from executing its mandate, Wetang’ula tells Judiciary

Speaker of the National Assembly, Moses Wetang’ula issued a firm and precedent-setting warning against what he termed as judicial overreach.

He asserted that Parliament cannot and will not be restrained from executing its constitutional duties.

The Speaker’s strongly-worded statement followed concerns raised by the leader of the Minority Party, Junet Mohamed (Suna East), during Wednesday’s afternoon session, in relation to a court order that had temporarily halted the vetting of nominees to the Independent Electoral and Boundaries Commission (IEBC).

While acknowledging the importance of inter-institutional cooperation, Wetang’ula affirmed Parliament’s constitutional autonomy, emphasizing that no individual, entity, or arm of government has the authority to injunct the legislature from fulfilling its mandate.

“Parliament is a constitutionally established institution, clothed with the authority to discharge its constitutional functions. Once a matter is seized by Parliament, whether under consideration in a committee or in the plenary, the committee proceedings are deemed a mirror of the plenary. In both cases, the deliberations carry equal weight and legal standing,” said Wetang’ula.

He revealed that a formal communication was in the works to provide “clear, precedent-setting guidance” on how Parliament should respond to interference from other arms of government, particularly when committees are mid-process on legislative or vetting matters.

In a bid to mend growing tensions between the Judiciary and Parliament, Wetang’ula disclosed that he had requested Chief Justice Hon. Martha Koome to convene a colloquium bringing together lawmakers and members of the bench.

“We must acknowledge that we need one another in service to the Republic. However, we firmly discourage and shall not condone any institutional overreach by one arm of government into the domain of another,” he said.

“However, for the avoidance of doubt, let it be underscored: nobody under any law or constitutional provision has the authority to bar or injunct Parliament from executing its mandate.”

In light of the recent judicial suspension lifted on the IEBC selection process, Wetang’ula directed the Justice and Legal Affairs Committee to resume with urgency the vetting of nominees for the electoral body’s leadership positions.

The committee, chaired by Tharaka MP George Gitonga Murugara, has been tasked with submitting its report to the House without delay.

“Any party aggrieved by this process, whether within the Judiciary, the Executive, or among the general public, retains the right to seek redress through the courts after Parliament has completed its official business,” the Speaker asserted.

Earlier, Junet had raised the matter on the floor of the House, terming the attempted judicial restraint as unconstitutional and a breach of established parliamentary procedure.

“This House is guided by rules, traditions, and precedents. Once a matter has been committed to a committee of the House by the Speaker, that committee becomes an extension of the plenary,” the Speaker said.

Citing Articles 95 and 96 of the Constitution, Junet argued that just as Parliament refrains from legislating on active court matters, the Judiciary must also allow Parliament to complete its work without interruption.

“It is unconstitutional to injunct Parliament from performing its mandate. Parliament cannot and will not be constrained from executing its constitutional role,” he declared.

Junet, who has served in the House for over a decade, lauded the Speaker’s previous restraint on similar matters, but insisted that future infringements on Parliament’s jurisdiction would not be tolerated.

“It is a well-established precedent that once a matter has been committed to a committee of the House by the Speaker, that committee becomes an extension of the plenary. In that regard, Mr. Speaker, the Judiciary is expected to allow Parliament to conclude its work before any litigation can be entertained. That has been the tradition, and it has served this democracy well,” he argued.

The debate over the reconstitution of the polls body comes at a time of heightened scrutiny over the balance of power among the three arms of government.

The vetting of IEBC commissioners is particularly sensitive, as the country prepares for the 2027 electoral reforms following the controversial 2022 General Election.

The Judiciary has faced backlash in recent weeks over perceived encroachment into parliamentary processes.

Justice Lawrence Mugambi had suspended any gazettment or swearing in of any of the Commissioners in the event that they are approved by the House pending the conclusion of the case filed by two petitioners.

Wetang’ula pledged to issue a comprehensive communication next week to set precedent and safeguard institutional respect of Parliament.

“That is the lawful, constitutional, and proper course of action,” Wetang’ula reiterated.

“We are not at war with any institution. But we will defend the sovereignty of this House.”