National Assembly Leader of the Majority Kimani Ichung’wah, has issued a strong statement condemning what he perceives as a growing trend of “judicial activism” within the Judiciary, which he claims is interfering with the legislative process. Ichung’wah argues that several Bills recently passed by Parliament and sent to the President for assent have been subject to judicial overreach, ultimately delaying the legislative agenda.
Ichung’wah’s criticism comes after multiple legislative actions by Parliament faced legal challenges that have, in some cases, blocked the President from enacting them into law. He views this as an attempt by the Judiciary to undermine the authority and independence of Parliament, branding it as a “calculated move” that could hinder the government’s ability to deliver on its agenda.
“Parliament is the sole body tasked with the mandate of lawmaking, and such interventions are not only unwarranted but also detrimental to the democratic process,” Ichung’wah stated. He warned that this trend of judicial invalidation could potentially stall key legislation intended to address pressing national issues, affecting everything from economic reforms to social welfare programs.
The Judiciary, however, maintains that it is within its constitutional duty to interpret laws and ensure they align with the Constitution. Legal experts argue that judicial review serves as a crucial check on legislative power, especially where procedural or constitutional issues may arise. Despite this, Ichung’wah’s remarks reflect growing tensions between Parliament and the Judiciary, adding a new layer to ongoing discussions around the balance of power between Kenya’s governmental branches.
As the debate unfolds, stakeholders and observers are calling for dialogue to ensure that Kenya’s legislative and judicial branches can work cohesively for the public’s benefit.
