NAIROBI — A brewing standoff between Kenya’s Parliament and the Judiciary deepened on Wednesday after National Assembly Speaker Moses Wetang’ula said lawmakers would press ahead with the vetting of electoral commissioners despite a court order blocking the process.
Speaking from Parliament Buildings, Wetang’ula made it clear that the Justice and Legal Affairs Committee (JLAC) would continue interviewing President William Ruto’s nominees to the Independent Electoral and Boundaries Commission (IEBC), calling Parliament’s role constitutionally protected.
“Parliament is not subject to injunctions when carrying out its constitutional mandate,” Wetang’ula told the press. “Once a matter is before Parliament whether in committee or plenary it has full legal weight.”
The Speaker’s remarks came just hours after Justice Lawrence Mugambi of the High Court temporarily halted the gazettement of the IEBC nominees. The decision followed a legal challenge filed by activists Boniface Mwangi and Kelvin Roy, who argue that the selection process was flawed and unconstitutional.
Represented by senior lawyers Paul Muite and Douglas Otieno, the petitioners claim that the nomination process lacked transparency and excluded critical public participation. They also question the legality of the selection panel’s composition.
Justice Mugambi has since referred the case to Chief Justice Martha Koome to consider forming a bench of judges to hear the matter. “The constitutional issues raised warrant a broader judicial interpretation,” the judge said in his ruling.
But Speaker Wetang’ula remained unyielding. He said he would soon issue a formal communication guiding how Parliament should respond when its independence is, in his view, encroached upon by other arms of government.
“We respect the Judiciary and its role,” Wetang’ula said. “But we will not allow any arm of government to undermine Parliament’s authority. That would be institutional overreach.”
He added that he had written to Chief Justice Koome inviting her to a colloquium a kind of high-level meeting between the Judiciary and Parliament. The aim, he said, is to avoid further tensions and promote cooperation.
Still, his comments have stirred concerns over a possible constitutional crisis, with legal experts warning that a parallel process—where courts halt one part of a constitutional function while Parliament continues—could undermine the rule of law.
Dr. Duncan Ojwang, a constitutional law scholar, told the press that “both institutions must tread carefully. The doctrine of separation of powers does not mean ignoring each other’s decisions it means respecting boundaries.”
The IEBC, Kenya’s electoral umpire, has operated without a full commission since January 2023. Ruto recently nominated Erastus Ethekon Edung as chairperson, alongside six commissioner nominees: Ann Njeri Nderitu, Moses Alutalala Mukhwana, Mary Karen Sorobit, Hassan Noor Hassan, Francis Odhiambo Aduol, and Fahima Arafat Abdallah.
The appointments followed months of vetting by a presidential selection panel. But critics argue the process was rushed and did not reflect the country’s political diversity a key requirement under the Constitution.
As Parliament moves forward with the hearings, attention now turns to the courts. Any eventual decision could set precedent for how far the Judiciary can go in checking legislative functions and vice versa.
For now, Speaker Wetang’ula remains defiant. “Let the courts do their work, and let Parliament do its own,” he said. “Those who are unhappy can go to court after we are done.”
