Justin Muturi rules Charles Nyachae out of order on Judiciary's mandate

Kenya: National Assembly Speaker Justin Muturi on Thursday denied accusations that he vowed to disobey court orders.

The Speaker said at no time had he ever been served with a court order stopping him from conducting House business.

"This Speaker has never been served with any court order of whatever description," said Muturi.

He took issue with the chairman of the Commission for the Implementation of the Constitution, Mr Charles Nyachae, for terming the Speaker as unfit to hold a public office, given his dim view of the decisions of the Judiciary.

"What we have done is to express an opinion on the decisions of the court," said Muturi in the House.

He dared anyone with evidence that he had disobeyed express orders of the court to submit it.

He said if the National Assembly is served, then the House will make a decision.

The Speaker's view is that failure to obey court rulings that infringe on the independence of the Legislature does not qualify as disobedience of express court orders.

The Speaker has made no secret about his views on the Judiciary's move to rule some of the on-going debates in the National Assembly as illegal. His view is that once Parliament – either the Senate or the National Assembly – is handling a matter, the courts have to sit back and wait for the matter to be resolved and then determine its legality.

He has previously said he is a firm believer in the doctrine of separation of powers, and expected the Judiciary too to uphold the doctrine.

Muturi had also dismissed an advisory opinion of the Supreme Court that ordered the National Assembly to involve the Senate when it comes to legislating on the Division of Revenue Bill, the law that divides revenue between the two levels of government.

"My very honest opinion is that the Supreme Court cannot allocate functions to either House of Parliament which functions are not allocated by the Constitution. It is a misapprehension of the law. On this one, that's my position, unless this Constitution is amended," said Muturi, in a past interview with The Standard regarding the advisory opinion.