Parliament reaffirms legislative independence amid Judiciary concerns

National Assembly Speaker Moses Wetang’ula says the Judiciary has no constitutional mandate to stop proceedings by the house.

Wetang’ula strongly reaffirmed Parliament’s constitutional mandate and institutional independence noting that the law protects the House from any external interference.

The Speaker assured the public that the legislature remains committed to discharging its duties in accordance with the law and the Constitution of Kenya.

In a firm and clarifying address to the House, Speaker Wetang’ula responded to recent developments concerning judicial intervention in parliamentary proceedings.

He assured Members of Parliament and the public that Parliament will continue to conduct its affairs within the legal framework provided under the Constitution.

“Parliament is a constitutionally-established institution, clothed with the authority to discharge its functions. No one under any law or constitutional provision can bar or injunction Parliament from executing its mandate,” said the Speaker.

He reiterated that once a matter is before Parliament whether in Plenary or Committee it must be allowed to run its full legislative course.

He explained:”Committees of Parliament are an extension of the plenary and their proceedings carry equal legal weight”.

Recognizing the importance of mutual respect and dialogue among arms of government, Speaker Wetang’ula disclosed that he had reached out to the Chief Justice Hon Martha Koome to convene a colloquium with Members of Parliament.

The purpose of this engagement, he noted, is to promote constructive collaboration between the Judiciary and Legislature and avoid institutional tensions.

“We must not talk past each other as arms of government. We need each other in service to the Republic,” he stated.

He added: “However, we discourage and shall not condone any form of overreach by one institution into the jurisdiction of another.”

The Speaker further directed the Departmental Committee on Justice and Legal Affairs to proceed with urgency in vetting nominees for the positions of Chairperson and Commissioners of the Independent Electoral and Boundaries Commission (IEBC), emphasizing the need for timeliness and constitutional order.

“Any party aggrieved by the outcome of this process may seek redress through legal channels after Parliament has completed its work. That is the lawful and proper course of action,” he noted, adding that a formal guidance statement will be issued next week to provide precedent-setting direction.

While supporting the Speaker’s position, Minority Leader Junet Mohamed described the matter as critical to the functioning of Parliament.

He expressed confidence in the institution’s processes and cautioned against disruptions that could derail the constitutional role of the House.

“This is a House of tradition, procedure, and precedent. Once a Bill is introduced and committed to a Committee, it must be allowed to follow its full course. Only after the legislative process is concluded can anyone challenge it in court,” Junet stated.

He urged for mutual respect among arms of government and affirmed that Parliament will not allow its operations to be hindered by premature litigation.

“If Parliament is injuncted midway, it renders this institution unworkable. I’m glad the courts have lifted the injunction, and I want to make it clear: this House will not be paralyzed. We are ready to complete our work with commitment and responsibility.”