Parliament will not be injuncted by courts, Wetang’ula warns Judiciary
Parliament will not be injuncted by courts, Wetang’ula warns Judiciary
Speaker of the National Assembly Moses Wetang’ula, has issued a sharp and unprecedented warning to the Judiciary, declaring that Parliament will not be restrained from performing its constitutional duties.
Speaking during Thursday afternoon’s sitting, Wetang’ula responded to a recent court order that had temporarily halted the vetting of nominees to the Independent Electoral and Boundaries Commission (IEBC). The injunction has since been lifted.
“Parliament is a constitutionally established institution, clothed with the authority to discharge its constitutional functions,” Wetang’ula stated.
“Nobody under any law or constitutional provision has the authority to bar or injunct Parliament from executing its mandate.”
The Speaker was reacting to concerns raised by Suna East MP and Minority Leader Junet Mohamed, who criticised the injunction as an unconstitutional interference in the work of Parliament.
Junet warned that allowing the Judiciary to intervene mid-process undermines the separation of powers and could set a dangerous precedent.
“It is unconstitutional to injunct Parliament from performing its mandate,” Junet said.
“Once a matter is committed to a committee by the Speaker, it becomes an extension of the plenary. The Judiciary should wait for Parliament to complete its work before intervening.”
Wetang’ula echoed this concern, stating that while he values institutional harmony, overreach from any arm of government will not be tolerated.
He revealed he had requested Chief Justice Martha Koome to convene a colloquium between Parliament and the Judiciary to address the growing tension.
“We must acknowledge that we need one another in service to the Republic,” he said.
“However, I will not condone institutional overreach from any arm of government.”
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With the court having lifted the injunction, Wetang’ula directed the Justice and Legal Affairs Committee—chaired by Tharaka MP George Gitonga Murugara—to immediately resume vetting of IEBC nominees and table its report without delay.
“Any party aggrieved by this process—whether the Judiciary, the Executive, or a member of the public—is free to seek redress in court after Parliament has concluded its business,” he added.
The debate comes at a politically sensitive time, as Kenya gears up for sweeping electoral reforms ahead of the 2027 General Election.
It also highlights renewed friction between the Legislature and Judiciary, rekindling national discourse around the balance of power between the three arms of government.
“We are not at war with any institution,” Wetang’ula clarified.
“But we will safeguard and defend the sovereignty of this House.”
His remarks come even as the courts have suspended any gazettement or swearing-in of IEBC commissioners who may be approved by Parliament, pending the conclusion of a petition filed by two individuals challenging the process.
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