Muturi snubs court advice on draft laws

National Assembly Speaker Justin Muturi.

What you need to know:

  • While making a ruling on the Division of Revenue Act last Friday, the Supreme Court emphasised the need for both the National Assembly and the Senate to work harmoniously and settle their differences through mediation.
  • On the Judicial Service Commission (JSC), he said Parliament was not interfering with the independence of the Judiciary. He further said JSC was not the Judiciary but an arm that must be accountable to the National Assembly.

National Assembly Speaker Justin Muturi Thursday dismissed advice by the Supreme Court on how MPs and senators should work on Bills, saying, the Constitution was clear on their distinct roles.

Speaking in Nairobi after leading a meeting of members of Parliament and members of the Kenya Private Sector Alliance, Mr Muturi said the advice had no consequence.

While making a ruling on the Division of Revenue Act last Friday, the Supreme Court emphasised the need for both the National Assembly and the Senate to work harmoniously and settle their differences through mediation.

“Whatever the court said is their own position as we are going on with the business of making laws and we know what we are supposed to do as we are guided by the Constitution,” the Speaker said.

No one has power to direct how the National Assembly should carry out its business, he said.

Mr Muturi asked the private sector to support the government in ensuring that devolution works. He criticised those claiming to be protectors of devolution, asserting that it was the responsibility of every Kenyan to ensure devolution worked.

“We should not be wasting our time talking about who is the greatest defender of devolution. It is the responsibility of each and every Kenyan to support devolution and that is anchored in the Constitution.”

On the Judicial Service Commission (JSC), he said Parliament was not interfering with the independence of the Judiciary. He further said JSC was not the Judiciary but an arm that must be accountable to the National Assembly.

“The National Assembly has power to summon any arm of the government under its oversight roles and that cannot amount to interference,” he said.

The Parliamentary Committee on Legal Affairs has recommended the dissolution of the JSC after its members declined to appear before the House team following the sacking of Chief Registrar of the Judiciary Gladys Shollei, citing independence.