By ROSELYNE OBALA
The reinstatement of Embu Governor Martin Wambora amounts to reversing the gains made in expanding the country’s democratic space through a liberal Constitution, the Senate has said.
The Senate talked tough on the matter, stressing that the governor ceased to hold office on February 14, adding that summons of nine governors are still active. The House re-affirmed its position that Parliament cannot be issued with an injunction by the legislators and emphasised that summons issued to Judiciary Service Commission (JSC) members to appear before it still stands.
Siaya Senator James Orengo argued that the judicial authority is to the courts and tribunals and therefore JSC must be subject to the oversight role of Parliament.
“JSC must be held accountable, just the same way the Parliamentary Service Commission (PSC) is. None is immune to accountability,” said Orengo.
He said the judges breached the Powers and Privileges Act, which states that no officer of Legislature should be intimidated when carrying out their duties. Senate Majority Leader Kindiki Kithure acknowledged that the court acted in accordance with the law, when it refrained from involving Senate and the Speaker Ekwe Ethuro in the contempt matter on the part of the Embu County Assembly and the Speaker.
“The court stayed clear of the matter, recognising the independence of the Senate. Parliament is directly answerable to the people of Kenya,” he said.
Contempt
But Elgeyo Marakwet Senator Kichumba Murkomen said by the court asking for speaker and clerk of county assembly to be held for contempt of court, is intimidating county assembles.
“The courts must come up with innovative ways to deal with matters of political nature. They cannot tell us that county assembles cannot act in the face of maladministration,” he said.
He stressed that as far as the Senate is concern, Wambora ceased to hold office in February. However they will discuss and re-look at the ruling and take a common stand.
“In doctrine of separation of power and immunity and privilege Act, the Senate’s decision is final. We might, however re-look at this matter in light of the latest development as we are not out to engage in wrangles with courts,” he said.
Prof Kindiki said the court confirmed that Senate have the mandate to oversight counties and therefore the nine governors summoned by the Budget and Finance Committee must appear before it. “The summons have not been withdrawn. Therefore, unjust delay might result in dire consequences,” he warned.
