Judiciary accused of 'erroneous' rulings

The Senate has launched a scathing attack on the Judiciary over a string of orders and rulings, which senators termed as practice of ‘judicial activism’.

The legislators took issue with the Court of Appeal's ruling in Nyeri, which saw the re-instatement of Governor Martin Wambora (Embu) after the County Assembly and Senate approved his impeachment twice over abuse of office and gross violation of the Constitution.

Devolution Committee Chairman and Elgeyo/Marakwet Senator Kipchumba Murkomen took a swipe at the Judiciary, cautioning that it was setting a dangerous precedent by overstretching its mandate.

"The courts are trying to purport that a public servant can only be held accountable on criminal liability, which is not the case," he said.

RESPONSIBILITY

“Such erroneous judgments should not be allowed to take precedence and therefore I urge this House to appeal the decision of the Court of Appeal. By virtue of a governor holding public office and him being the CEO, he is politically responsibility when things go wrong," said Murkomen.

Senators Boni Khalwale (Kakamega) and Okongo Mongare (Nyamira) faulted the ruling on Wambora’s case, saying the decision contravenes the Constitution.

“Citizens of this nation are watching the Judiciary's activities. It is up to Parliament to salvage this country. The Senate should move to the next of level of the courts to challenge the ruling. One arm of Government cannot injunct another,” said Okongo.