Don’t mess with Parliament, Speaker Muturi tells courts
From left: Senate Deputy Speaker Kembi Gitura, Senate Speaker Ekwee Ethuro and National Assembly Speaker Justin Muturi. The Senate will be abolished, if MPs have their way. FILE PHOTO |
What you need to know:
- Addressing MPs at the beginning of a retreat at the Serena Beach Resort in Mombasa, he cited instances where Parliament and its officials have been sued for passing some laws.
- He said he should not be sued over Parliament’s decisions and that he would never present himself in court as a respondent for the National Assembly because “the AG is at liberty to do that”.
There is nothing wrong - According to Mr Muturi, conflicts between the two Houses could be avoided if both performed their roles strictly as outlined in the Constitution.
The Judiciary is a major threat to Parliament’s oversight role, National Assembly Speaker Justin Muturi has said.
The Speaker further accused courts of interfering with Parliament’s law-making function.
Addressing MPs at the beginning of a retreat at the Serena Beach Resort in Mombasa, he cited instances where Parliament and its officials have been sued for passing some laws.
“Parliament’s very cardinal role of oversight is being faced with great threat,” the Speaker said. “This threat comes from the Judiciary.”
He argued that the Attorney-General, being the government’s legal representative, should be sued, and not Parliament or the Speaker.
He said he should not be sued over Parliament’s decisions and that he would never present himself in court as a respondent for the National Assembly because “the AG is at liberty to do that”.
There is nothing wrong
However, Commission for the Implementation of the Constitution chairperson Charles Nyachae said court action should not be demonised.
“It is a constitutional role to assist us to interpret (laws), so there is nothing wrong with going to court,” he told the meeting.
Mr Nyachae said no institution should be allowed to ignore court orders, warning that doing so would set a bad precedent.
Further, he said much needed to be done to end supremacy battles between the National Assembly and the Senate.
Mr Nyachae said there was lack of coordination or a framework to deal with issues arising from the two Houses, and warned that it could impede the implementation of the Constitution.
According to Mr Muturi, conflicts between the two Houses could be avoided if both performed their roles strictly as outlined in the Constitution.
The three-day meeting’s objective is to review the National Assembly’s performance and brainstorm on new strategies for it to achieve its goals.
Clerk Justin Bundi said members had considered 63 Bills in the second session and enacted 20.
He called for sufficient scrutiny of Bills before publication to ensure wide consultations.
