Senate has censured the Judiciary over frequent injunctions and threatened to pass a legislation to block courts from interfering with Parliamentary proceedings.
The discontent comes barely two weeks after the National Assembly warned that the Judiciary is the biggest threat to the Legislature.
Yesterday, senators accused the Judiciary of practicing judicial activism thereby interfering with House business.
Senate, which resumed its sittings yesterday, noted that it is unacceptable for judges to issue temporary orders to every major decision the House takes.
Majority Whip Beatrice Elachi (nominated) ignited the charged debate, when she rose on a point of order and questioned Judiciary's mandate in injuncting Senate.
"It is now impossible for senators to exercise their powers after governors obtained orders barring the Senate from inviting them for audit queries," Ms Elachi said.
"Ex parte injunctions are given when there is an imminent danger like your house is about to be auctioned on a Friday evening and you need the orders and the case is heard on Monday. What imminent dangers are governors suffering from by not honouring the committee summons," said Minority Leader Moses Wetangula (Bungoma).
Kipchumba Murkomen (Elgeyo Marakwet) said judicial activism as practiced in Kenya is against the good of the public as compared to other jurisdictions.
Kiraitu Murungi (Meru) proposed that Parliament should legislate on the matter and pass a new law, Parliamentary Proceedings Bill, barring judges from issuing injunctions on issues touching on the Legislature.
DESTROY SENATE
"There appears to be a Judiciary conspiracy to derail, paralyse and finally destroy the Senate. It is being done under the guise of Constitution and rule of law," said Kiraitu.
He said judges are abusing temporary injunctions.
Otieno Kajwang (Homa Bay) said if something is not done, soon the Judiciary will issue a temporary injunction against the whole Senate. Anyang' Nyong'o (Kisumu) said the "second wave" of corruption in Judiciary has arrived and governors are using particular lawyers and judges to get orders.
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