Speaker Wetang’ula cautions against court interference in IEBC vetting

National Assembly Speaker Moses Wetang’ula has cautioned against what he described as judicial overreach on matters still under active consideration by Parliament, amid an ongoing court case concerning the vetting of nominees to the Independent Electoral and Boundaries Commission (IEBC).

Speaking in response to a concern raised in the House by Minority Leader Junet Mohamed, Wetang’ula on Thursday stressed that Parliament, as a constitutional organ, must be allowed to carry out its duties without interference from the Judiciary.

"For avoidance of doubt, nobody has the power under any law or under the Constitution to injunct Parliament from doing its work. Parliament is a constitutional body entrusted with the authority to discharge constitutional functions," the Speaker said.

Wetang’ula said the matter of vetting IEBC nominees is already before the Departmental Committee on Justice and Legal Affairs, and therefore squarely within Parliament’s domain.

He reminded the House that committee proceedings are equivalent to plenary sessions.

"A matter is before Parliament, whether it’s in Committee or it’s in plenary. The Committees mirror the plenary and proceedings in Committee are akin to proceedings in plenary in future," he said.

The Speaker also revealed that he had reached out to the Chief Justice, seeking a forum to allow Members of Parliament and the Judiciary to discuss such jurisdictional concerns.

"I have asked the Chief Justice to have a Colloquium with Members of this House to agree on this matter," he said.

His remarks came just hours after Justice Lawrence Mugambi issued a ruling lifting an earlier order that had barred the National Assembly from proceeding with the vetting process.

However, the judge suspended the gazettement or swearing-in of any IEBC nominee who may be approved by Parliament, pending the conclusion of a petition filed in court.

The nominees under consideration include Erastus Edung Ethekon for IEBC Chairperson, and Ann Nderitu, Moses Mukhwana, Mary Sorobit, Hassan Noor Hassan, Francis Odhiambo, and Fahima Abdalla as Commissioners.

Wetang’ula expressed concern over what he saw as courts interfering with processes that fall squarely under Parliament’s mandate.

"We need each other but we discourage and frown at any overreach by any arm of Government on another, especially on matters that are legally clear and morally untenable," he stated.

"For the information of the House, I have asked the Chief Justice to form a colloquium with some Members of this House so that we do not continue talking at each other as Arms of Government," Wetang’ula added.

Earlier, Junet Mohamed had warned that continued interference by the Judiciary risked setting a bad precedent and could lead to unnecessary conflicts between the two arms of government.

"This is something that has been pronounced upon by previous Speakers that when a matter has been committed to a committee of the House, the courts have to wait until Parliament concludes the matter, then after that anybody who wants to go to court can litigate in the matter there," Junet stated.