Lawmakers criticise Senate, Judiciary meeting

A joint consultative meeting between the Judiciary and the Senate to iron out concerns hindering the legislative work in the Senate has attracted criticism from the National Assembly leadership.

The leaders have termed the workshop, which will bring together top leadership of the two institutions, as ill- advised and a conspiracy to get back at the Assembly in light of the recent Senate resolution to seek advisory from the Supreme Court on 46 ‘Acts of Parliament’.

They are demanding to know why the National Assembly has been sidelined from the meeting that starts in Nairobi Monday, yet all topics touch on Parliament and not the Senate.

“Why has the National Assembly been excluded from this meeting? I know the meeting is in good faith but it would be more fruitful if the National Assembly is included because it handles the bulk of the legislative work,” said Justin Muturi, the Speaker of the National Assembly.

He continued, “The discussions border on the role of Parliament and not only either House. This is quite interesting because the National Assembly should have not been ignored.”

He noted that Article 93 of the Constitution refers to Parliament as one of the two Houses.

But another legislator, who sought anonymity, argued that if the Senate moves to the Supreme Court to seek advisory opinion, the outcome might be compromised. “The outcome might be influenced by the meeting’s considerations. I believe this meeting is suspect. It also raises the question of integrity, taking into account, the key speakers.”

The workshop at Windsor Golf and Country Club will deliberate on among other issues, the relationship between the three arms of Government in the context of the Constitution, 2010, the role of Parliament and the Judiciary under the Transformative Constitution and their co-operation.

‘Judicial activism’

The forum comes at a time the Senate has constantly accused the Judiciary of practising ‘judicial activism’, which interferes with its core mandate.

The Senate recently resolved to move to the Supreme Court to seek an advisory of the numerous injunctions issued by the courts, which undermines its legislative work.

Speaker Ekwe Ethuro and Chief Justice Willy Mutunga have affirmed that the discussions are aimed at bringing to an end the protracted wars following a string of injunctions issued by the courts.

Mr Ethuro explained that the planned meeting will seek to enhance the inter-linkage, co-operation and consultation between the Legislature, the Executive and the Judiciary.

“This meeting has come at the right time. It will provide a good forum for us to raise our concerns and come up with a way forward,” said Ethuro.

Senator Mutula Kilonzo Junior (Makueni), who is a member of the legal committee, emphasised that the Senate has serious matters undermining its core mandate, legislation.

“Our meeting is strictly on institutional matters, it has nothing to do with the matters before the court. We are deliberating on ways to minimise institutional fights in discharging our duties,” he told The Standard on Sunday. He added, “The Judiciary should be beyond reproach and cannot afford to be biased. Our first remedy in resolving challenges is through dialogue. Issues of impeachments and summons are still pending.”

The Makueni senator further stressed that they will also want the Judiciary to have timelines to expertise cases, so that operations by counties do not stall.

The key speakers include Githu Muigai (Attorney General), Jeremiah Nyegenye (Clerk, Senate), Abdikadir Mohammed, Presidential legal advisor, Justice J. B. Ojwang’ (Supreme Court), Justice Isaac Lenaola (High Court) and Justice Kihara Kariuki, President, Court of Appeal.

Others include Committee on Agriculture chairman Senator Kiraitu Murungi (Meru), Committee on Devolved Government Chairman Senator Kipchumba Murkomen (Elgeyo/Marakwet), Justice Richard Mwongo, Principal Judge, Senator Wilfred Machage(Migori) and Committee on Implementation chairman Senator James Orengo (Siaya).

The forum, expected to be quite interactive, will also bring on board Justice Prof Joel Ngugi director, Judiciary Training Institute, Senator Janet Ong’era, committee of Legal Affairs and Human Rights chairman and former Attorney General Amos Wako, George Kegoro, Executive Director, ICJ, Prof Chaloka Beyani, Expert, Committee of Experts and Professor, London School of Economics and Justice Patrick Kiage.

At one point, the senators alleged that for plaintiffs to get ruling in their favour, they only need to get the right lawyers, go to the right courts and find the right judges.