By Roselyne Obala and Moses Njagih
Nairobi, Kenya: The National Assembly stood in solidarity with the Senate, dismissing the decision by the court to issue orders stopping senators from summoning governors over alleged financial improprieties.
In a rare show of unity, the MPs dedicated yesterday’s proceedings to ventilate on the orders issued earlier in the day by Justice Mumbi Ngugi, suspending Senate’s summons to governors over irregularities in management of funds, as noted by the Auditor General and the Controller of Budget.
The MPs not only directed their anger at the governors, whom they accused of trying to avoid being taken to account over misappropriation of funds in their counties, but also castigated the Judiciary over what they felt was an attempt to disregard the doctrine of separation of powers, and thus stopping the senators from conducting their oversight duty on the governors.
Court orders
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Angry MPs launched a scathing attack on members of the Judiciary, whom they said had resorted to issuing orders that cannot be enforced, as they were in contravention of the Constitution.
Majority Leader Aden Duale introduced the matter to the House, seeking direction from the Speaker on present court orders to Parliament.
He expressed concern that the country could be headed to a serious constitutional crisis if the precedence is allowed to continue.
The MPs lashed at the Judiciary, saying it is engaged in a contest with other arms of Government by issuing orders, which were not in line with the tenets of separation of power.
“We are headed for a serious constitutional lockdown; work of Parliament is in serious jeopardy, we are in crisis,” warned Rarieda MP Nicholas Gumbo.
Duale cautioned, “The country might ground to anarchy and unless the situation is not rectified, an unstoppable constitutional crisis is in the offing.”
MPs unanimously agreed that the allocation to the Judiciary be slashed as the legislature flexes its muscles.
“We have been put into a situation where we ask ourselves, should we obey the Constitution or the court orders? The Judiciary has not been mandated to suspend the Constitution,” Ainabkoi MP Samuel Chepkonga cautioned.
And in exercising their legislative powers, the MPs proposed that the allocations to the counties, which have been in contention be reduced from 32 per cent to the constitutionally accepted 15 per cent since it has been proved that the monies are going to waste.
“The Constitution is under siege, we are throwing the country to the dogs,” Ababa Namwamba, who is the Budalangi MP regretted.
They appealed to Speaker Justin Muturi to seek dialogue with Chief Justice Willy Mutunga in an effort to end the standoff, which is a threat to the Constitution.
“Reach out to the Chief Justice and discuss this matter in time. Tell the CJ that his officers have been overstepping their mandate,” Suba MP John Mbadi said.
Duale told Parliament that if members fail to agree on the way forward, the end result would be a constitutional coup.
Overturn ruling
“The parliamentary committees have powers similar to those of the High Court and hence anybody ignoring them would be breaking the law,” he stressed.
Muturi was advised to borrow from a ruling by his predecessor Kenneth Marende who had ruled that no decision by Parliament could be questioned by the court when commissioners of the defunct Electoral Commission of Kenya went to court barring Parliament from disbanding it.
“Parliament has the rights to be its own judge, any person purporting to overturn a ruling by this House will be doing so in vain,” said Olago Aluoch, Kisumu Town West.
Muturi said the interpretation of the law is not only the preserve of the Judiciary, saying every Kenyan has a constitutional right to give his/her understanding of the Constitution.
