Scrap High Court powers on laws, says Muturi

Speaker of the National Assembly Justin Muturi says MPs will no longer be allowed to usher in or escort witnesses summoned by House Committees for investigations.. PHOTO | FILE | NATION MEDIA GROUP

What you need to know:

  • Mr Muturi wants Article 165 of the Constitution, which gives the High Court powers to interpret laws, scrapped.

  • Mr Muturi said it is wrong for assemblies to come up with laws that had undergone public participation only to be annulled by a single judge.
  • Mr Muturi took issue with petitioners naming Speakers as first respondents in cases seeking to have laws passed by assemblies annulled.

National Assembly Speaker Justin Muturi wants powers of interpreting laws transferred from the High Court to the Supreme Court.

Mr Muturi wants Article 165 of the Constitution, which gives the High Court powers to interpret laws, scrapped. He called for a constitutional amendment to bar High Court judges from overturning deliberations by the Senate, county and national assemblies to avoid conflict among the various arms of government.

Speaking at ACK St Luke’s Kibugu in Embu County during Senator Njeru Ndwiga’s homecoming, Mr Muturi said it is wrong for assemblies to come up with laws that had undergone public participation only for them to be annulled by a single judge.

“If we want to give credence to the three arms of government, we must think of the level at which such a law should be challenged. At the national level, the laws are scrutinised by the Attorney-General before being taken to assembly,” said Mr Muturi.

COUNTY ASSEMBLIES

He added: “We want the power to interpret what has been done by the other two arms of government be given to the Chief Justice, so that he can give the matter proper consideration,” said Mr Muturi.

The Speaker said they had last year proposed that matters before committees of Parliament or those of county assemblies must not be entertained in a court.

Mr Muturi took issue with petitioners naming Speakers as first respondents in cases seeking to have laws passed by assemblies annulled.

“The Constitution says Speakers don’t have votes, but whenever people challenge the laws, the first respondent is usually the Speaker. Sometimes we are even tempted to tell the legal department not to respond since we are not involved,” he said.

PARTY UNITY

He was accompanied by Senate Speaker Ken Lusaka, Health Cabinet Secretary Sicily Kariuki, senators Charles Kibiru (Kirinyaga), Ephraim Maina (Nyeri), Mwangi Githiomi (Nyandarua) and Mithika Linturi of Meru.

Also present were MPs Muriuki Njagagua (Mbeere North), Jane Wanjuki (Embu woman representative) and John Muchiri of Manyatta.

Mr Lusaka said Jubilee party’s unity had helped the national assembly and Senate to hold together and there were no squabbles between the two Houses.

He said it was a waste of time and resources for assemblies to come up with laws that were subjected to research, expert opinion and then be overturned.