Speaker of the national assembly Justin Muturi. Photo/the-star.co.ke
The speaker of the National Assembly Justin Muturi has announced that the House contemplates introduction of necessary legislation to provide for the manner in which the High Court shall exercise its supervisory jurisdiction over quasi-judicial matters pending before the Legislature with respect to the provisions of Article 117 of the Constitution.
This is after High Court barred the Finance Committee from handling a petition on the removal of Auditor-General Edward Ouko from office.
Muturi said the High Court order was unconstitutional because it violates the principle of separation of powers as outlined in the Constitution.
“The courts have no mandate and it is indeed unconstitutional for the High Court to disregard the express provisions of Article 107 and Article 124 of the Constitution and substitute themselves for the Speaker of the House and the Standing Orders to discharge the functions of presiding officers of Parliament or act as regulators of the orderly conduct of Parliamentary proceedings,” said Muturi.
“An efficient and effective Parliament must have autonomy from the Executive or Legislature. No court order can restrict debate.” Muturi argued. “No person has authority to transact in Parliament except the Speakers of both Houses who can also delegate functions.”
Muturi instructed the national assembly advocates on record to appeal against the court’s decision to stop the House against the probe on Ouko as the national assembly is the avenue available in law to express disagreement with judicial findings and also to give the court an opportunity to hierarchically express itself on the question of separation of powers with finality,” he said.
He disclosed that a notice of appeal was filed in the High Court on March 17 and in the Court of Appeal on March 20.