Parliament on Thursday announced a two-pronged approach to deal with the Judiciary and the devolved governments.
Angered by recent decisions by judges to shield governors from the Senate and to reinstate impeached Embu Governor Martin Wambora, the Senate and the National Assembly linedup plans that could jeopardise the Judiciary and county governments.
At a joint press conference at Parliament Buildings, the heads of the two Houses accused the Judiciary of “assisting impunity, corruption, theft and the irresponsible use of public resources”.
They have also asked Speakers Justin Muturi and Ekwee Ethuro to hold a joint informal meeting (kamukunji) on Tuesday to discuss the governors and the Judiciary.
One option is to change to the law on the vetting of judicial officers so that those recently recruited go through vetting. The second is suspending discussions on two crucial Bills that determine how revenue is shared. The National Assembly is suggesting radical cuts to Judiciary’s budget for the coming financial year.
Senate Majority Leader Kithure Kindiki said: “There is some confusion within the legal fraternity and commentators are trying to peddle an illusion that Parliament is a statutory body or some kind of board like the Liquor Licensing Tribunal, whose decisions can therefore be taken to the High Court for review.”
In the National Assembly, said Majority Leader Aden Duale, the Vetting of Judges and Magistrates Act will be changed so that judges appointed after the new Constitution was launched are vetted.
According to Mr Duale, there have also been improprieties in the formation of the three-judge benches that handle constitutional decisions in courts.
He said “powerful individuals in the Judiciary Service Commission gave judges jobs and it is now time for the judges to give lawyers any favours they seek under the sun.”
Minority Leader Francis Nyenze said the Judiciary was “treading on very slippery ground.”
“This path they’ve taken may lead to chaos because the Senate decides the money they will be allocated. If the Division of Revenue Bill comes and it gets stuck because the Senate doesn’t want more money to be released to the governors, how will they operate?” he asked.
On Wednesday, the Senate’s Finance, Commerce and Economic Affairs Committee announced it would suspend meetings with the governors on the Division of Revenue and the County Allocation of Revenue Bills.
The committee said it would have to wait until the Senate’s misunderstanding with the governors is resolved.
Senators are also angry that a group of nine governors have obtained court orders barring them from attending to summons to the Senate team to discuss questionable spending.
Impeached Embu governor Martin Wambora was also reinstated by the court until his petition is heard.
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