Speaker Moses Wetang'ula has warned the Judiciary against alleged interference in the National Assembly's vetting of the Independent Electoral and Boundaries Commission (IEBC) nominees.
Wetang'ula spoke on the floor of the House on Thursday, May 29, where he directed the Justice and Legal Affairs Committee (JLAC) to proceed with the process without delay saying it was the House's constitutional mandate.
The speaker's caution came just moments after the High Court lifted the suspension of the vetting process after a petition by two individuals.
"I direct the committee to proceed without haste and vet the nominees and chairman for IEBC and bring the report to this house," Wetang'ula directed.
During the same sitting, Wetang'ula addressed a concern raised by Minority Leader Junet Mohammed, who accused the Judiciary of impeding the National Assembly's independence by halting the parliamentary process through court orders.
“If you want to inhibit Parliament before they do their work, Parliament will not be able to operate in this country. Going forward, this house will not stop doing its work.” Junet warned.
To avoid a potential debate on the same, Wetangula stepped in, concurring with the Minority Leader as he asserted that no arm had the authority to bar Parliament from performing its duties, among which was to move the process of vetting IEBC nominees.
“There is a ruling or communication in the offing on the same matter so that we give a precedent-setting direction on the matter,” Wetangula added. “But for avoidance of doubt, nobody has the power under any law to injunct Parliament from doing its work.”
According to Wetang'ula, once a matter has been tabled before Parliament, whether in plenary or at the committee level, it falls within the legislature's constitutional territory.
The Speaker revealed that he had forwarded the grievances to Chief Justice Martha Koome to avoid future friction between the legislature and judiciary.
After instructing the JLAC committee to continue with the vetting process as scheduled, Wetangula clarified that any individual or institution seeking to challenge Parliament's decisions can seek legal action only after Parliament has completed the vetting process.
“Any aggrieved party in the Judiciary, Executive or the general public can then go to court to challenge something that we as Parliament will have declared as official. But there will be a precedent-setting communication on this matter going into the future," Wetang'ula said.
After Wetangula's directive, Erastus Edung Ethekon, nominated as the next IEBC chairperson, alongside nominees for commissioner jobs: Anne Nderitu, Moses Mukwana, Mary Karen Sorobit, Hassan Noor, Francis Odhiambo, and Fahima Abdalla, who are set for vetting by JLAC.
