Nipate
Forum => Kenya Discussion => Topic started by: Georgesoros on September 12, 2014, 07:18:12 PM
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The judiciary is there to adjucate wrongs that these goons continue to inflict upon every Kenyan. Instead of criticising the judiciary, these illiterates need to know functions of govt. Is the judiciary perfect? I think the judiciary needs an ethics board too.
National Assembly Speaker Justin Muturi has said the Judiciary is a major threat to Parliament's oversight role.
Mr Muturi said the judicial arm of government has been interfering with the legislative function of Parliament.
He cited cases where people with issues on laws assented to by the President had rushed to court to sue the House or the Speaker.
He questioned how the court would allow such lawsuits given that it is the Attorney-General who should be sued as the representative of the government.
"It is rather tedious to purport to sue the Speaker or the House. As the people's representatives, you must address it and not be complacent," Mr Muturi told MP's at a leadership retreat at the Serena Beach Resort in Mombasa County.
?The three-day meeting's objective is to review the performance of the National Assembly, assess its progress so far and brainstorm on new strategies to achieve its goals.
FAULTS SENATE
And in an apparent attempt to assert the National Assembly's supremacy, the Speaker also criticised the Senate, arguing that it had been seeking to overstep its mandate.
“I have no intention of arguing for functions that do not belong to the National Assembly,” he said in his opening remarks at a gathering of parliamentary leaders at Serena Beach Hotel on Friday.
The Speaker said no one could claim to sue him for matters transacted in Parliament and that he would never present himself in court as a respondent for the National Assembly.
He argued that the Attorney-General should be the one to be named as a respondent.
“Why would anybody want the Speaker or even Parliament to go to court to defend the law... the AG is at liberty to do that,” he stated.
PARLIAMENT ROLE ‘UNDER THREAT’
In the same vein, he said the Assembly could never be mentioned as a respondent in lawsuits filed about Bills that Parliament has approved.
“Parliament’s very cardinal role of oversight is being faced with a great threat, and I speak without any fear of contradiction, this threat comes from the Judiciary,” he said.
"We must address this, we must as the people’s representatives, and not be complacent seeing what is happening,” he added.
Mr Muturi said once the Assembly has passed Bills and the President has assented to them, it is the Attorney-General, acting as the legal representative of the three arms of government, to appear in court for any matters in contest.
He said he has no business to explain or defend in court the content of what is passed by the National Assembly.
“To sue the Speaker or the House is really, in my view, misinformed, indeed it is usually a misjoinder because the Speaker has no vote, the only thing the Speaker can do is to confirm that indeed a Bill went through the House and explain the process,” he said.
STICK TO RESPECTIVE ROLES
The Senate also came under stinging criticism from the Speaker, who said conflicts between the two Houses could be avoided if both stick to their respective roles strictly as provided for in Article 94 of the Constitution.
He took issue with the recent conflict between the two Houses on the Division of Revenue law, saying it was the National Assembly's role to divide revenue between the national and county governments, while the Senate deals with the County Allocation of Revenue law.
“They can have general discussions on revenue-raising measures and expenditure but not to propose amendments at all times,” he stated.
Mr Muturi said the supremacy of the National Assembly cannot be in question.
“Those who don’t believe in the supremacy of the National Assembly have no choice but to bear with (the) 11th Parliament,” he stated.
Commission for the Implementation of the Constitution (CIC) chairperson Charles Nyachae said Parliament needs to do a lot of work regarding the supremacy battle between the National Assembly and the Senate.
In a presentation to the meeting, he cited the apparent lack of coordination or framework to deal with issues arising from the two Houses of Parliament, cautioning that it could impede the implementation of the Constitution.
Mr Nyachae said moving to court should not be demonised.
“It is a constitutional role to assist us to interpret, so there is nothing wrong to go to court,” he stated.
http://www.nation.co.ke/news/politics/Judiciary-threat-to-Parliament-Speaker-Justin-Muturi/-/1064/2450702/-/12hjvdp/-/index.html