Otiende Amollo: Courts Must Respect Parliament’s Lawmaking Role
0
0
By John Kariuki
Hon. Dr. Otiende Amollo, SC, the Rarieda MP and a senior member of the Justice and Legal Affairs Committee, has weighed in on the simmering debate over the scope of parliamentary privilege versus judicial oversight.
Dr. Amollo emphasized that Parliament enjoys an exclusive constitutional mandate to legislate, cautioning against judicial interference in the middle of lawmaking. He argued that the doctrine of separation of powers demands respect for institutional boundaries.
“Parliament cannot be stopped from legislation. The courts can only determine constitutionalism at their absolute discretion,” he stated, adding that injunctions during active legislative processes erode Parliament’s independence and hinder governance.
According to the senior counsel, judicial oversight remains indispensable in a constitutional democracy, but it must be exercised after Parliament concludes its work. Courts, he stressed, should only intervene to test the constitutionality of laws once enacted, not while debates and votes are still in progress.
His remarks come at a time when tensions between Parliament and the Judiciary have intensified, with several high-profile laws stalled by court orders. Dr. Amollo framed the issue as one of institutional harmony, noting that the objective is not to weaken judicial authority but to prevent unnecessary conflict.
“Parliamentary privilege must be respected to ensure smooth lawmaking, while judicial review remains vital in safeguarding the Constitution,” he said.
His position is expected to sharpen the national conversation on how Kenya balances parliamentary sovereignty with judicial independence in advancing democratic governance.
About The Author
