Economy

Mutunga seeks an end to Judiciary and Senate feud

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Chief Justice Willy Mutunga has pleaded with Parliament not to cease participation in court processes after the Senate threatened to do so. FILE PHOTO | NATION MEDIA GROUP

Chief Justice Willy Mutunga has pleaded with Parliament not to cease participation in court processes after the Senate threatened to do so, citing numerous orders that interfere with its mandate. Dr Mutunga said Kenyans will lose confidence in the courts if Parliament ceases to participate in the processes.

He was responding to a letter by Senate Speaker Ekwee Ethuro, dated September 4, regarding various court orders that Mr Ethuro said have negatively affected the legislative and oversight mandate of Parliament and in particular the Senate.

“I am extremely constrained, on behalf of the Senate, to bring to your attention the matter of conservatory or interim orders issued by the courts against the Senate... whose effect has been to encroach on the functions of the Senate. This also undermines the doctrines of separation of powers,” Mr Ethuro wrote.

The Speaker outlined the House’s displeasure with the numerous orders and injunctions, including the blocking of the swearing-in of Embu deputy governor Dorothy Nditi after the governor was impeached.

“We are considering, with a profound respect to courts and as a solemn obligation to defend the Constitution, to cease participation in court processes, if such participation should consider interfering with the plain constitutional mandate of the Senate in a manner that is unprecedented in the world,” wrote Mr Ethuro.

Dr Mutunga invited the Senate to have a workshop with the judges to discuss the issues of concern.

“I would urge that you participate and appeal against court orders to higher courts. In doing so, you will help the courts develop progressive jurisprudence on matters that pertain to the Senate and other institutions,” Dr Mutunga wrote in a letter dated September 10.

He has called for the file on Mr Wambora’s impeachment and fast-tracking of the case to give a definite period upon which the matter must be concluded.

“It is possible the governor is using the court process to prolong his stay in office after his impeachment through a constitutional process. The court has, in disregard of the constitutional functions of the Senate… virtually rendered the resolution of the Senate null and void,” noted Mr Ethuro.

He also protested the numerous enjoinment of the Senate in matters before court that have no bearing on the House.

“We seek the intervention of your office to ensure that the Judiciary allows the Senate and Parliament as a whole, to deliver on its constitutional mandate without unnecessary distraction and impediments through the issuance of adverse orders that contradict the letter and spirit of the Constitution,” he said.