MPs, Senators now vow to punish ‘activist’ judges

By Roselyne Obala and Moses Njagih

Nairobi, Kenya: Both houses of Parliament have vowed to punish what they call “activist” judges as the bitterness between Parliament and Judiciary worsened following recent court rulings.

Leaders from the Senate and National Assembly were Thursday spoiling for war and they signalled that MPs would press for a review of the vetting law to target judges employed under the new Constitution.

They vowed to push for the amendment to the Vetting of Judges and Magistrates Act to ensure judicial officers employed after 2010, and who were exempted from the Board’s scrutiny are vetted “to weed out judicial activism.”

The MPs further promised to introduce substantive motions that will see the conduct of individual judges discussed in the House, to ostensibly shame those allegedly acting in violation of the doctrine of separation of powers.

National Assembly Majority Leader Aden Duale said MPs would amend the Vetting of Judges and Magistrates Act and introduce motions to discuss individual judges he claimed were working with former powerful Judicial Service Commission officers.

“It is payback time. Those who got their jobs through these officers have to play by their rules. Corrupt individuals are now seeking reprieve in courts,” he said.

The MPs included Duale, Kithure Kindiki (Majority Leader-Senate), Moses Wetang’ula (Minority Leader-Senate), Francis Nyenze (Minority Leader-NA) and  Johnstone Muthama (Minority chief whip-Senate).

Others included Elgeyo Marakwet Senator Kipchumba Murkomen, and MPs Mithika Linturi (Igembe South) and Joseph Nkaissery (Kajiado Central). They spoke at a joint press conference at Parliament Buildings yesterday. It also emerged that Parliament has convened a joint Kamukunji (informal sitting) on Tuesday to discuss what MPs describe as an onslaught on their legislative duty by the Judiciary.

The courts have angered MPs because of rulings that reinstated Embu Governor Martin Wambora and suspended Senate summonses to nine governors.

They argue the actions interfered with their Constitutional mandate and that the courts had misused their prerogative of interpreting the law.

They claimed that the Judiciary was overstepping its mandate by downplaying the independence and legitimacy of Parliament.

Block House

The lawmakers accused the Judiciary of being an impediment to Parliament in discharging its duties, and warned that they will not be intimidated.

“The Judiciary blocked Parliament from interrogating former Judicial Service Commission over misappropriation of public resources and abuse of office yet JSC members are not judges,” said Duale.

He added: “The President appointed a tribunal to probe the members and the courts issued orders barring the team from carrying out its work. Now when nine governors are summoned by the Senate to answer to serious misgivings of loss of funds and abuse of office, the court has injuncted.”

Duale took issue with the court’s ruling to lift the impeachment of Wambora.

“This is intimidation. The Senate followed due process in impeaching Wambora,” he said.

Prof Kindiki stated: “We have no apologies as the Senate in the impeachment of Wambora. We exercised our constitutional mandate in accordance with the law.”

“As far as Senate is concerned, Wambora ceased to be the Governor of Embu on the February 14, and the court cannot purport to undo the impeachment process,” added Prof Kindiki.

Duale said: “We thought the Judiciary is reformed, but it has become the protector of graft.”

He called on the Chief Justice to take charge claiming that his legacy is at stake. “The Judiciary is worse than before the vetting process. It has been hijacked by corrupt judicial officers working closely with some JSC members,” he said without substantiating.

Kindiki argued that the decision by the three-judge bench to grant stay orders to Wambora sets a dangerous precedence as it touches on the integrity and legitimacy of Parliament.

Wetang’ula claimed the courts were dishing out injunctions like “cakes as if those courts are cake shops”.

Injuncted Parliament

He added: “The position of county bosses comes with authority, power, resources and accountability and if they want to play on the pitch they should ready to carry these attributes on board.”

He said governors who have defied the Senate summons to explain on their financial management would be fined if found to be culpable and their files forwarded to the Director of Public Prosecutions for action.

“We are not going to tolerate impunity, corruption, irresponsible use of public resources, but will defend the Constitution to the letter,” he affirmed.

Kindiki made reference to Article 125 of the Constitution, which states that either House of Parliament in exercising its oversight role, can invite or summon anybody to give information and governors are not exempted. “Section 30 (3) (F) of the County government’s Act states that accountability for finance and resources to counties stops with the governor, while Article 96 of the Constitution states that the Senate can exercise its oversight role by ensuring resources are accounted for,” he said.

Wetang’ula claimed the Judiciary has continuously injuncted Parliament from undertaking its businesses. “Those in high offices, elected leaders and any other person in a public office should be ready to be scrutinised and examined,” he said.

“For anybody to carry a shield from the court in the form of orders, we see it as an affront to common sense and the rule of law,” he charged.

Nyenze cautioned that the Judiciary was treading on slippery ground and if they didn’t stop, it could lead to chaos.

Muthama regretted that the Judiciary is now being used to gag Parliament and maintained that governors must subject themselves to checks by the Senate.