Don’t shun courts, Chief Justice Willy Mutunga tells Senate

What you need to know:

  • The Senate accused the Judiciary of undermining its authority by issuing interim orders it says makes it difficult to exercise its oversight function against counties.
  • Mr Ethuro warned that the Senate would stop cooperating with the courts should the Judiciary continue disregarding the Constitution in determining cases emanating from Parliament.

Chief Justice Willy Mutunga has told the Senate to appeal against rulings they are not satisfied with instead of boycotting the courts.

Dr Mutunga said in a written response to a protest letter from Senate Speaker Ekwee Ethuro that ceasing to participate would affect the courts’ operations.

“Given the position of your institution, the people’s confidence in the courts would suffer,” said Dr Mutunga.

The Senate accused the Judiciary of undermining its authority by issuing interim orders it says makes it difficult to exercise its oversight function against counties.

STOP COOPERATING

Mr Ethuro warned that the Senate would stop cooperating with the courts should the Judiciary continue disregarding the Constitution in determining cases emanating from Parliament.

He cited Embu Governor Martin Wambora’s case, saying the Senate impeached him on May 13 but to its surprise, the following day he obtained interim orders restraining the deputy governor’s swearing in.

In response, Dr Mutunga said he was aware of concerns on the Wambora case but could not provide a judicial opinion as the matter was in court.