National Assembly Speaker Moses Wetang’ula has voiced concerns over court orders that he says are increasingly disrupting the work of Parliament.
Speaking in Mombasa during a joint leadership retreat bringing together top officials from the Judiciary, including Chief Justice Martha Koome, Wetang’ula argued that conservatory orders issued by courts have in several instances stalled the legislative process.
“Several matters before committees and the House have been halted due to such orders,” the Speaker said, adding that in some cases hearings are pushed up to six months ahead, slowing down the passage of crucial legislation.
Wetang’ula urged the Judiciary to urgently address the matter, noting that while judicial oversight is necessary, the delays undermine Parliament’s constitutional mandate. He also proposed that cases filed against the National Assembly be centralised in Nairobi, where Parliament is domiciled.
“Currently, our lawyers are forced to travel to up-country courts only to find magistrates on leave or transferred along with files. Centralising cases will cut costs and enable our legal team to respond more effectively,” he said.
The Speaker, however, assured the Judiciary of Parliament’s support in pushing for increased budgetary allocations, acknowledging that its demands were justified given its ambitious expansion programme.
Chief Justice Martha Koome, speaking at the same forum, revealed that the Judiciary plans to establish magistrate courts in all 290 constituencies. Currently, only 143 constituencies are covered, a gap she attributed to underfunding.
“The Judiciary requires enhanced allocations for infrastructure development. This will ensure equitable access to justice across the country,” Koome said.
She emphasised that cooperation between the Legislature and Judiciary should not be mistaken for interference. “Institutional comity does not erode independence. There is a difference between institutional independence and decisional independence. While institutions may engage, decisional independence remains sacrosanct,” she noted.
National Assembly Clerk Samuel Njoroge also called for enhanced collaboration between Parliament’s training centre and the Kenya Judiciary Academy to strengthen capacity building and professional growth.
The retreat underscored the importance of dialogue between arms of government, with both sides pledging to work together while respecting the principle of separation of powers.
