Duale, Mbadi clash over Judiciary injunctions

National Assembly Majority Leader Aden Duale
National Assembly Leader of Majority Aden Duale and his Minority counterpart John Mbadi clashed over the perceived interference of the Judiciary in legislative matters.

The two differed at the ongoing post-election conference in Mombasa, during a forum attended by Deputy Chief Justice Philomena Mwilu.

Mr Duale accused the Judiciary of meddling in the affairs of the Legislature by issuing injunctions on matters before the House, arguing that this amounted to violation of the principle of separation of powers.

“We as a party (Jubilee) expect the Judiciary to respect the Legislature. It is not rocket science to discern that some of the judicial orders issued in the last two years appear to be whimsical and intended to prejudice the functioning of the Legislature,” Duale said.

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Separate powers

But Mr Mbadi accused Jubilee of attempting to muzzle other institutions, claiming the party leaders also interfered with the work of Parliament.

Mbadi said Jubilee must allow for the restoration of judicial independence and respect decisions made by the courts as a separate arm of Government.

Mwilu defended the Judiciary saying that despite the affront it suffers from politicians, the courts will continue dispensing justice independently. The Supreme Court Vice President dismissed claims they have been cowed by the “revisit” threats by President Uhuru Kenyatta after the nullification of the August 8 elections. “That there were threats is real, unfortunately I do not know how to clothe a lie, but that did not affect our independence,” she said.

Aden DualeJohn Mbadicourt orders