2012 wrote:Robinhood wrote:Lolest! wrote:There is a serious legal issue here. Can the judiciary interfere with a parliamentary process? Can courts order either house of national parliament or even county assembly to do or not to do anything?
They can alright. The role of parliament is to set the laws, the executive enforces them, and the Judiciary interprets them and arbitrates disputes.
The Judiciary needs to rethink its role when dealing with other arms of government so as not to undermine them or embarrass themselves.
What's the point of stopping an unstoppable process or reinstating a Governor who will be impeached again a week after?
oth houses of Parliament have vowed to punish what they call “activist” judges as the bitterness between Parliament and Judiciary worsened following recent court rulings. Leaders from the Senate and National Assembly were Thursday spoiling for war and they signalled that MPs would press for a review of the vetting law to target judges employed under the new Constitution. They vowed to push for the amendment to the Vetting of Judges and Magistrates Act to ensure judicial officers employed after 2010, and who were exempted from the Board’s scrutiny are vetted “to weed out judicial activism.” The MPs further promised to introduce substantive motions that will see the conduct of individual judges discussed in the House, to ostensibly shame those allegedly acting in violation of the doctrine of separation of powers. National Assembly Minority Leader Aden Duale said MPs would amend the Vetting of Judges and Magistrates Act and introduce motions to discuss individual judges he claimed were working with former powerful Judicial Service Commission officers. “It is payback time. Those who got their jobs through these officers have to play by their rules. Corrupt individuals are now seeking reprieve in courts,” he said. The MPs included Duale, Kithure Kindiki (Majority Leader-Senate), Moses Wetang’ula (Minority Leader-Senate), Francis Nyenze (Minority Leader-NA) and Johnstone Muthama (Minority chief whip-Senate).
Read more at:
http://standardmedia.co....o-punish-activist-judges
If Obiero did it, Who Am I?