Speaker Wetang'ula cautions against litigation on matters actively before parliament

National Assembly Chamber 
May 29, 2025

National Assembly Speaker, Hon (Dr.) Moses Wetang'ula has cautioned against judicial overreach on matters that are active before Parliament.

The Speaker made the remarks in a rejoinder to a concern raised by Leader of the Minority Party in the House Hon. Junet Mohamed, regarding an ongoing Petition before the High Court in relation to the impending vetting of nominees to the Independent Electoral and Boundaries Commission.

"For avoidance of doubt nobody has the power under any law or under the Constitution injunct Parliament from doing it's work. Parliament is a constitutional body enjoined with authority to discharge constitutional functions," stated Dr. Wetang'ula.

The Speaker reminded the House that " a matter is before Parliament, whether it's in Committee or it's in plenary the Committee's mirror the plenty and proceedings in Committee are akin to proceedings in plenary in future."

Speaker Wetang'ula further informed the House saying "I have asked the Chief Justice to have a Colloquium with Members of this House to agree on this matter.'

Earlier today, High Court Judge Justice Lawrence Mugambi had issued a Ruling in the case where he lifted an earlier blanket order, in which he had restrained The National Assembly from proceeding with the crucial process.

In today's Ruling, Justice Mugambi had suspended any gazettment or swearing in of any of the Commissioners in event that they are approved by the House pending conclusion of the case filed by two petitioners.

Speaker Wetang'ula has, however, cautioned about Courts canvassing in matters that are actively before the House, such as in relation to the vetting of the IEBC nominees, whose names are already before the Departmental Committee on Justice and Legal Affairs.

Speaker Wetang'ula indicated that he would give a substantive and precedent-setting Communication on the matter.

"We need each other but we discourage and frown at any overreach by any arm of Government on another, especially on matters that are legally clear and morally untenable," stated the Speaker.

He added: "For the information of the House I have asked the Chief Justice to form a colloqium with some Members of this House so that we do not continue talking at each other as Arms of Government."

Ealier Hon. Junet had indicated that the Courts risked setting a bad precedence and igniting unnecessary feuds between the two Arms of Government.

"This is something that has been pronounced upon by previous Speakers that when a matter has been committed to a committee of the House, the courts have to wait until Parliament concludes the matter then after that anybody who wants to go to court can litigate in the matter there," noted Hon. Junet.

The nominees are Mr. Erastus Edung Ethekon for IEBC Chairperson and Commission nominees Ms. Ann Nderitu, Mr. Moses Mukhwana, Ms. Mary Sorobit, Mr. Hassan Noor Hassan, Mr. Francis Odhiambo and Ms. Fahima Abdalla.