By KPC Reporter
National Assembly Speaker Moses Wetang’ula has issued a stern warning against what he described as judicial overreach, declaring that Parliament “cannot and will not” be barred from fulfilling its constitutional duties.
The Speaker’s remarks came on the Wednesday afternoon session, in response to concerns raised by Minority Leader Junet Mohamed (Suna East) regarding a court order that had temporarily halted the vetting of nominees to the Independent Electoral and Boundaries Commission (IEBC).
“Parliament is a constitutionally established institution, clothed with the authority to discharge its constitutional functions,” Wetang’ula said.
“Nobody under any law or constitutional provision has the authority to bar or injunct Parliament from executing its mandate.”
While underscoring the importance of cooperation among the three arms of government, the Speaker emphasized Parliament’s institutional independence.
“Once a matter is before Parliament—whether in a committee or in plenary—the proceedings carry equal weight and legal standing,” he said, adding that a formal communication will soon be issued to guide Parliament’s future response to perceived interference from other arms of government.
Wetang’ula also revealed he had requested Chief Justice (CJ) Martha Koome to convene a colloquium bringing together legislators and members of the Judiciary to ease rising tensions and foster inter-institutional dialogue.
“We must acknowledge that we need one another in service to the Republic,” he said. “However, we firmly discourage and shall not condone any institutional overreach.”
Following the recent lifting of the court suspension on the IEBC selection process, Wetang’ula directed the Justice and Legal Affairs Committee, chaired by Tharaka MP George Gitonga Murugara, to urgently resume vetting the electoral commission nominees and submit its report without delay.
He clarified that any aggrieved party retains the right to challenge the process in court—but only after Parliament has concluded its proceedings.
Earlier in the session, Minority Leader Junet Mohamed decried the Judiciary’s intervention as unconstitutional and a violation of established parliamentary procedures.
“It is a well-established precedent that once a matter has been committed to a committee of the House, that committee becomes an extension of the plenary,” he said.
Citing Articles 95 and 96 of the Constitution, Mohamed argued that just as Parliament avoids deliberating on matters actively before the courts, the Judiciary must similarly respect Parliament’s processes.
“The Judiciary must allow Parliament to complete its work without interruption,” he stated.
The debate comes amid renewed focus on the delicate balance of power between the Legislature, Judiciary, and Executive, especially as the country prepares for key electoral reforms ahead of the 2027 General Election.
The Judiciary has come under scrutiny in recent weeks following a High Court order issued by Justice Lawrence Mugambi, temporarily suspending the gazettement or swearing-in of any IEBC nominees approved by Parliament, pending the outcome of a legal challenge.
Though the injunction was later lifted, the episode has reignited calls for clearer institutional boundaries.
Speaker Wetang’ula pledged to issue a precedent-setting communication next week aimed at safeguarding the independence and constitutional role of Parliament.
“We are not at war with any institution,” he said. “But we will defend the sovereignty of this House.”