Chief Justice Mutunga responds to Senate claims of interference by Judiciary

Chief Justice Willy Mutunga has responded to claims that the Judiciary was interfering with the Senate’s oversight roles and promised to fast-track the hearing of Embu Governor Martin Wambora’s case.

This follows threats by the Senate that it would stop cooperating with the courts should the Judiciary continue disregarding the Constitution in determining cases emanating from Parliament.

“I will call for the file and fast-track the matter by giving a definite period upon which the matter must be concluded,” said the Chief Justice in his response to a letter from Senate Speaker Ekwee Ethuro.

(Read: Senate hits back in row with courts)

He urged the Senate to appeal against court orders in the higher courts instead of thinking of ceasing to participate in the court process, saying such a move would affect the courts’ operations.

CONFIDENCE IN COURTS

“If you ever do that, given the position of your institution, the people’s confidence in the courts would suffer,” said Dr Mutunga.

He added that he was aware of the concerns and the perceptions being created by the case of Governor Wambora but could not provide a judicial opinion because the matter was in court.

Dr Mutunga invited the Senate to a meeting with judges to discuss the issues that are of concern to the two institutions.

“I believe that the workshop can discuss the vision of the Constitution bestowed upon the Senate. The judges will also be able to express their views,” said Dr Mutunga.

The country, he observed, is in a transition that, to many, is chaotic and messy. He said that it would take leaders in various institutions and organs to help find a healthy and patriotic balance.

“I believe we can do that by protecting the mandates of the organs and institutions as much as we can through dialogue, consultations, interdependence and convening where we can talk to each other and share our frustrations,” said Dr Mutunga.

IMPORTANCE OF DEVOLUTION

He underscored the importance of devolution, saying he recognised the role of the Senate as a critical pillar in ensuring equitable distribution of national resources.

“I am sure the Judiciary, as a whole, in its role of implementing the Constitution, will come to understand and protect the vision of the Constitution that has created such an important institution as the Senate in our nation,” said Dr Mutunga.

Mr Ethuro, in his protest letter, expressed concerns that the interim orders issued by the courts against the Senate interfere with its functions and had harmed its legislative and oversight mandate.

He cited Mr Wambora's case, saying the Senate impeached him on May 13, but to the surprise of the Senate, the governor challenged his impeachment in court the following day and was issued with interim orders restraining the swearing in of the deputy governor.

'DISTRACTIONS' AND 'IMPEDIMENTS'

The Speaker faulted the courts for issuing the orders pending the hearing and determination of the petition on a matter that had been conclusively determined by the Senate.

Mr Ethuro also expressed outrage over the long duration the matter was taking in court, saying three months after his impeachment by the Senate, Mr Wambora still illegally remains in office.

“Is it possible that the governor is using the court process to prolong his stay in office after his impeachment through a constitutional process?” Mr Ethuro asked.

He appealed to Dr Mutunga to ensure the judiciary allows Parliament to deliver on its constitutional mandate without unnecessary distractions and impediments through the issuance of adverse orders that contradict the letter and the spirit of the Constitution.