Senate kicks off debate on whether to establish committee to monitor court cases

Senate yesterday kicked off debate on whether to establish an ad hoc committee to scrutinise and closely monitor court cases involving it and have an impact on its constitutional mandate.

Moving the Motion to create the 13-member committee to be chaired by Amos Wako (Busia), Mutula Kilonzo Junior (Makueni ) said courts cannot injunct Senate.

Mr Kilonzo said they have waited long enough for the active court orders to be vacated and the delay is now interfering with their legislative role.

“We must reinvent the wheel in jealously guarding the role of the Senate. If not we might be injuncted from sitting and someone can even move to stop the Speaker from presiding over House business just because they don't like his face,” he said.

“Senate is operation on the tyranny of writs. We must move to the Supreme Court to establish whether courts have superior jurisdiction over Senate,” he added.

He warned that the country will be  judged harshly if they do not confront the demons of the first Senate.

Active orders

“The Senate has 16 pending court cases and some committees cannot function because of the active orders. We have nothing left in our mandate that has not be injuncted,” he said.

Stephen Sang (Nandi), who seconded the Motion, said they have many cases which are affecting their functions.

“Our legislative function is under challenge and if we continue this way, the function of the House will collapse,” he warned, adding that Senate has limited resources to mount a challenge on all the cases.

But Senators Mutahi Kagwe (Nyeri), Wilfred Machage (Migori), G G Kariuki (Laikipia) and Ben Nyoroge (nominated) opposed the Motion saying it will not add any value.

“The membership of this committee comprises those of the legal committee. This is duplication of roles. If the legal committee is unable to carry out its function it should be replaced,” said Mr Kagwe.

Machage said the committee will not be "of material benefit to this House". Senators James Orengo (Siaya), Anyang' Nyong'o (Kisumu), Kipchumba Murkomen (Elgeyo Marakwet) and Boni Khalwale (Kakamega) supported the motion, saying it is the only way out in resolving the impasse.