Kanduyi MP John Makali has urged the Judiciary to respect the mandate of other arms of government, cautioning against court decisions that he says hinder the effective functioning of institutions like Parliament and the Independent Electoral and Boundaries Commission (IEBC).
“What I know is that all of you exercise power on behalf of the people of Kenya,” Makali said.
“We do not want to see laws coming from our courts that inhibit sectors of the government like Parliament from doing their job,” he added.
He spoke during the Kimilili Women Empowerment Forum that took place in Bungoma County on Saturday.
Makali voiced concern over recent rulings, which he argued disrupt the constitutional duties of various bodies.
“The court cannot stop the Parliament from doing its duties as a Parliament,” he said.
He particularly cited the IEBC, which has faced delays in reconstitution due to ongoing legal disputes.
“The courts cannot say that you can go vetting and not go as people from IEBC because we need IEBC in our country,” Makali said.
Makali called on the Judiciary to uphold the principle of institutional balance.
“I plead with our courts to have a parity of arms and respect other institutions so that they can do their work,” he urged.
He spoke to the residents of Kimilili, saying that they should confront the courts if things do not go as planned.
“If they do not, you can come and correct them through your judgement,” he said.
Makali also criticised legal interpretations he believes have impeded the electoral process.
“You cannot make a law that states that IEBC officials should be vetted, but there should be no gazettement and that there should be no swearing in while 21 electoral centres in Kenya do not have representatives in the Parliament,” he said.
His remarks come amid growing debate over judicial independence and the reconstitution of the IEBC, a critical agency in the lead-up to the next electoral cycle.