Kimani Ichung’wah, the Leader of the Majority Party in Kenya, has openly criticized the judiciary for what he calls “judicial activism.” He claims that the courts are actively working to nullify bills passed by Parliament before they can reach the President for final approval. Ichung’wah argues that the courts are exploiting a lack of clear laws on public participation to challenge bills.
Key Concerns Raised by MP Ichung’wah
- Judicial Activism:
Ichung’wah claims that the judiciary is deliberately blocking bills by labeling them unconstitutional. - Public Participation Law:
According to Ichung’wah, the courts use the absence of a detailed public participation law to introduce new standards, often applying them retroactively to invalidate existing laws.
Call for a Public Participation Law
- Need for Clear Guidelines:
Ichung’wah argues that Parliament must pass a public participation law to avoid further legal challenges. - Transparency and Inclusivity:
He believes this law would help ensure that government decisions are transparent, accountable, and aligned with public expectations.
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Guidance for Parliament Committees
- Role of Committee Chairpersons:
Ichung’wah emphasized the importance of committee chairpersons conducting thorough public participation. - Utilize Legal Resources:
He advised chairpersons to consult with the National Assembly’s legal department to ensure all procedures meet public participation standards.
Legislative Achievements and Challenges
Progress This Session:
Ichung’wah highlighted several accomplishments by the National Assembly during the 13th Parliament, despite facing numerous challenges.
- Bills Passed:
- Affordable Housing Bill – Introduced the Housing Levy.
- Supplementary Appropriation (No. 2) Bill – Instituted budget cuts.
- Independent Electoral and Boundaries Commission (Amendment) Bill – Started the reconstitution of the IEBC.
- Motions Adopted:
- Approval of key nominees, including Cabinet Secretaries and the Inspector-General of Police.
- Ratification of the Economic Partnership Agreement with the European Union.
- Adoption of the Public Finance Management (Kenya Millennium Development Fund) Regulations.
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Statistics for this Session:
- 8 bills passed
- 89 motions adopted
- 41 statutory instruments reviewed
- 4 sessional papers and treaties considered
- 258 statements received (210 sent to committees for review)
- 13 petitions resolved
- 44 questions directed to Cabinet Secretaries
Conclusion
Hon. Ichung’wah concluded by urging Members of Parliament to stay active in committee and House sessions to ensure they can complete important tasks before the December recess. He expressed hope that committee discussions will enhance legislative quality and better reflect the interests of the Kenyan people.
Source: Information adapted from the Majority Leader’s address at the National Assembly leadership retreat in Naivasha.
