MPs, courts set for clash as judge halts PSs vetting – Business Daily
Parliament buildings in Nairobi. FILE PHOTO | NMG
Parliament and courts are set for another clash after a judge yesterday issued orders stopping the ongoing vetting of Principal Secretary (PS) nominees.
Employment and Labour Relations Court ordered MPs to halt the process, pending the determination of a petition filed by the Law Society of Kenya (LSK).
The two arms of government have clashed before over numerous issues including the failure to obey court orders, the court’s move to nullify laws passed by MPs, and ignoring summons.
In October 2020, the High Court nullified 23 pieces of legislation that were passed by the National Assembly without the input of the Senate.
Justice Nzioki wa Makau stopped the vetting process, which entered its second day yesterday but it is highly unlikely that the MPs will halt the process as the legislators have previously argued on the principle of separation of functions between the two branches, to avoid one interfering with or assuming the roles of the other.
The LSK says the list of 51 PSs presented to Parliament for vetting and approval does not depict the national representation, including the youth, persons with disability, the marginalised and gender balance.
“Pending the hearing of this application inter-partes on November 21, 2022, a conservatory order of and is hereby issued retraining and or barring the respondent from receiving or if already received the list of nominees barring the processing, vetting or in any way processing the nomination of the first to 51st interested parties herein,” said the judge.
The LSK says in the petition the list as presented to Parliament does not take into account the regional and tribal balance, two-thirds gender rule principle, persons with disabilities and the youth.
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