Uhuru backs MPs in row with Judiciary

President Kenyatta on Friday sided with Parliament in its war against governors and the Judiciary and asked the two institutions to drop their hard-line positions.

Speaking after the ground for the attack on the Judiciary and the devolved governments had been set by senators and MPs, the president said the three arms of the government should respect each other and work together to place the country on a development path.

He told governors to stop playing politics and account to the public for the funds placed under their guard as he declared the Judiciary cannot isolate itself from Parliament and the Executive.

“Kenya is being ruined not by the ordinary people but by leaders. Instead of sitting down to consult and come up with amicable solutions, we are full of politics,” he said.

“As a governor, you are not law unto yourself. Even I as the President of the Republic of Kenya, I am accountable to all Kenyans.”

And he chided the Judiciary for seeking refugee in the doctrine of separation of powers among the arms of government and asked judges and magistrates to stop preventing both the Senate and the National Assembly from carrying out their constitutional duties.

“Separation of powers does not mean we are independent from each other. The Executive alone cannot serve Kenyans, the legislature alone cannot serve Kenyans and the Judiciary on its own cannot serve Kenyans. We are interdependent. One arm should not stop another from performing its duties,” he said.

END THE WAR

The President was speaking in Kericho Town during the annual general meeting of Belgut Women Empowerment organisation.

Senators Charles Keter, Kithure Kindiki, Kipchumba Murkomen, National Assembly Majority Leader Aden Duale and Sotik MP Joyce Laboso vowed to deal with rogue governors and judges who they claimed were conspiring to stop Parliament from playing its watchdog role.

But Commission for Implementation of the Constitution boss Charles Nyachae urged President Kenyatta to meet heads of the Judiciary and Parliament to end the war, which might lead to anarchy.

“As a commission we recognise that inevitably there will be jurisdictional conflicts between the three arms of the government. There will be need for restrain as each level exercise its powers to ensure that it does not interfere with the exercise of another organ’s power,” said Mr Nyachae.

He said individuals or institutions that believe court order was obtained irregularly or does not properly articulate the law should apply for review of the court decision.

The Senate and National Assembly, which were hitherto involved in supremacy wars, have cast their differences aside and united in their attack against governors whom they accuse of acting like “small presidents”, and judges who they claim are shielding county bosses from being questioned over plunder of public funds.

They have accused the Judiciary of “assisting impunity, corruption, theft, and irresponsible use of public resources by governors”.

The war was triggered by the decision of the Senate to give nod to the move by the Embu County Assembly to impeach Governor Martin Nyagah Wambora.

The High Court sitting in Kirinyaga, however, overturned the decision and reinstated Mr Wambora on grounds that court orders were ignored in the process.

President Kenyatta said it was wrong for governors to turn down summons from the Senate with the assistance of the Judiciary.