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Lawyers warn Senate to respect the Judiciary

The East Africa Law Society (EALS) has blamed the Senate over the raging war between the Senate and the Judiciary, warning that the move may compromise the Constitution.

EALS President Aggrey Mwamu, wants the Senate to follow the law while executing its mandate and desist from blaming the judiciary over its woes.

Speaking in Kisumu, Mr Mwamu dismissed claims by the Senate that the Judiciary was interfering with the Parliamentary proceedings.

Reacting to the Senate's call to draft legislation to bar courts from challenging its decisions, Mwamu said the court has a right to interpret the law in a bid to check other Government organs from abusing the Constitution.

"It is the court's mandate to show the way by interpreting the Constitution and making sound judgement on cases revolving around governance, devolution and others," he said.

He added: "The Senate's threat to pass a legislation to bar courts from getting involved with the House business is unnecessary since the Judiciary has a constitutional mandate of ruling over cases brought before it."

This comes after the Senate insisted that it is unacceptable for judges to issue temporary orders to every major decision it makes in line with devolution.

The Senate recently attacked the Judiciary alleging that it is over-stretching its boundaries; a move which the legislators said is hindering their constitutional roles.

Since the devolved system came into effect, the two institutions have had frosty relationship with the Judiciary overturning most of the rulings made by the Senate.

Some of the Judiciary's controversial rulings, which have seen the court clash with the Senate include the reinstating of Embu Governor Martin Wambora after he was impeached by the Senate.

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