National Assembly Speaker Justin Muturi fires warning to Judiciary

National Assembly Speaker Justin Muturi has warned that any institution that snubs summons by Parliament risks being denied funding by the House. [PHOTO: FILE/STANDARD]

By ROSELYNE OBALA

Kenya: Institutions that do not submit to House scrutiny will be denied funding, National Assembly Speaker Justin Muturi has warned. Muturi said the Judiciary cannot gag Parliament because it represents millions of taxpayers and therefore its oversight role cannot be blocked by a judicial pronouncement.

“The role of Parliament is to represent millions and it is this role we are performing and indeed we will continue to invite and to summon any state office or organs in discharging our functions without fail,” he said.

Angered by a recent court ruling that overruled Parliament’s censure of Judicial Service Commission (JSC) on grounds MPs violated an order stopping the debate, Muturi said the House would not obey such orders.

“We won’t be deterred by that decision. We cannot even begin to contemplate being deterred by the Judiciary. If we do so then we will be failing in our key function,” he said.

The Speaker said the National Assembly has an oversight role over all state organs without exception as stipulated under article 95 of the Constitution.

“All commissions in Chapter 15, including JSC, the body mandated by law to oversight them is the National Assembly and it is the same that appropriates resources to all state organs including the Judiciary,” he said.

Muturi said it is absurd to say the body that appropriates funds and mandated with oversight their usage cannot invite any one of the organs to come and explain how they have utilised the funds.

Oversight powers

“If that happens then the same body that appropriates should say they will not do it because Parliament cannot allocate funds to an organ that wants to be rogue,” he said.

MPs accused JSC of failure to recognise the oversight powers of Parliament when it snubbed summons to appear before it. Yesterday, Muturi said he will stick to the Constitution.

The Speaker’s position was affirmed by Senate Majority leader Kithure Kindiki, Senators James Orengo (Siaya) and Kipchumba Murkomen (Elgeyo Marakwet).

On April 15, The five-judge Bench composed of Principal Judge Richard Mwongo, Justices Hilary Chemitei, Helen Omondi, Christine Meoli and Mumbi Ngugi faulted the National Assembly for ignoring a court order barring the House from debating and endorsing removal of six JSC members to President Uhuru Kenyatta.