- They said that Parliament has the constitutional mandate to invite and summon any person to provide information or report any matter.
- They added that the Judiciary, just like any other body, should be accountable to the taxpayers through their elected representative.
Image: CHARLENE MALWA
Chief Justice Martha Koome has come under criticism over her recent letter to Parliament saying that the August House has no oversight role over the Judiciary.
Senators on Wednesday accused the CJ of belittling the Houses of Parliament.
“We are going to respond and we have asked the speaker to respond on our behalf. The letter written by the CJ is belittling this institution,” Minority chief whip Mutula Kilonzo said.
In the letter dated July 7 and addressed to speakers Justin Muturi (National Assembly) and Kenneth Lusaka (Senate), Koome directed the Judiciary not to engage any House committee until a meeting is convened to resolve the ‘micromanagement’ of the Judiciary.
The CJ protested against what she termed ‘frequent, multiple, overlapping and duplicating’ of summons by the House committees.
“The Judiciary respectfully awaits the resolution of the issued raised before engaging the committees pursuant to the summonses issued to the Chief Registrar and the Judicial Service Commission outlined above,” the letter read part.
But lawmakers took issue with the letter, saying it was done in bad faith and with the sole aim of belittling the August House.
They said that Parliament has the constitutional mandate to invite and summon any person to provide information or report on any matter.
They added that the Judiciary, just like any other body, should be accountable to taxpayers through their elected representatives.
“I respectfully disagree with that letter because under the Constitution, we have a right to call any person, any commission, and any independent office," Mutula said.
The Makueni senator added, “We can call them to the senate and ask them for a report on anything."
Elgeyo Marakwet senator Kipchumba Murkomen said the CS should separate her roles as a judge and president of the Supreme Court from administrative work as the chair of the Judicial Service Commission.
“JSC should be interacting with parliament as much as possible because that is where we are discussing matters of resource allocation and matter of improvement of infrastructure,” Murkomen said.
The former majority leader said that Parliament is not concerned with how judges determine case but the Judiciary as an institution must be accountable to the taxpayers.
On his part, Migori senator Ochillo Ayacko maintained that Judiciary cannot hide behind independence to evade accountability.
“The judiciary particularly, as far as they believe in their independence, there must get a platform for judiciary accountability."
“It does not mean that they are not autonomous when making judicial decisions. It means that that they must be accountable to the general public of Kenya,” he said.
The reaction to the CJ’s letter was triggered by a statement by Kericho senator Aaron Cheruiyot seeking answers on the closure of the Kericho law courts.
Cheruiyot said the law courts has been closed since March 5, 2021 after a building that houses the court was condemned.
The senators demanded immediate reopening of the court, even if it is under a tent, to ensure the residents get justice.
“To close a court like Kericho is a matter that should go to the committee very fast. You can imagine the number of people who are on petty offenses and their cases have not been heard,” Mutula said.