National Assembly Speaker, Moses Wetangula, has expressed concern about the increasing number of conservatory orders issued by judicial officers against the National Assembly.
While addressing the inaugural Joint Forum of the National Assembly and the Judiciary leadership on Friday, August 22, Wetangula said that the frequent conservatory orders frustrated the delivery of Parliament's legislative mandate.
In his speech, the Speaker sought to understand why Bills and Acts of Parliament were often declared unconstitutional by the courts.
Nonetheless, Wetangula underscored the National Assembly's commitment to supporting the enhancement of funding to the Judiciary to enable effective delivery of its mandate.
In the quest to enhance social transformation through institutional comity, Wetangula called for constructive consultations between the two institutions.
Chief Justice Martha Koome, who also attended the same event, responded to Wetangula's concerns, noting that a dalliance of the two institutions could erode independence and trustworthiness from members of the public.
According to Koome, while institutional independence allowed the two institutions to engage, decisional independence was too important to be interfered with.
"We are leaders entrusted with constitutional mandates to serve the public, and the public alone. The Constitution reminds us that this mandate comes directly from the people, to be exercised in good faith and with integrity," Koome said.
"The Judiciary has consistently exercised restraint in intervening in ongoing parliamentary processes, while affirming that judicial review remains essential to ensure that such processes align with the Constitution," she added.
Nonetheless, during the meeting, the two arms of the government agreed on several issues, including safeguarding constitutionalism and ensuring accountability.
The National Assembly and the Judiciary reaffirmed their commitment to uphold the doctrine of separation of powers while fostering constructive interdependence.
They agreed to establish a collaborative and consultative forum to sustain engagement on matters of national interest, grounded in mutual respect and the public good.
