MOMBASA, Kenya – Parliament has raised concern over frequent conservatory orders issued by the courts, warning that the injunctions are stalling critical legislative processes and weakening the institution’s effectiveness.
Speaking on Tuesday during a joint forum between the National Assembly leadership and the Judiciary at the third Leadership Retreat in Mombasa, National Assembly Speaker Moses Wetang’ula said some cases drag on for up to six months, leaving committees and the House unable to proceed with their work.
“This is a matter that needs to be addressed by the Judiciary urgently,” Wetang’ula said, noting that delays have frustrated the progress of key parliamentary business.
The retreat, attended by Chief Justice Martha Koome and senior judicial officers, focused on cooperation between the two arms of government under the theme “Social Transformation through Institutional Comity.”
Wetang’ula further urged the Judiciary to centralise all cases against Parliament in Nairobi, arguing this would save costs and allow the institution’s lawyers to respond more effectively.
“Currently, our lawyers are forced to travel to upcountry courts, only to find magistrates on leave or transferred along with files,” he lamented.
On Judiciary funding, Wetang’ula pledged Parliament’s support to boost its budget, acknowledging that the Judiciary’s expansion programme requires more resources.
Chief Justice Koome revealed that the Judiciary intends to establish magistrates’ courts in all 290 constituencies but currently operates only 143, with underfunding by the National Treasury slowing progress. She appealed to lawmakers to intervene.
“The Judiciary requires enhanced allocations for infrastructure development. This will ensure equitable access to justice across the country,” Koome said.
She also defended structured dialogue between the two institutions, stressing that engagement does not erode independence but instead prevents adversarial relations that often paralyse governance.
“Institutional comity does not erode independence. There is a difference between institutional independence and decisional independence. While institutions may engage, decisional independence remains sacrosanct,” Koome explained.
National Assembly Clerk Samuel Njoroge added that knowledge-sharing between the Centre for Parliamentary Studies and Training and the Kenya Judiciary Academy would strengthen professional development and enhance inter-institutional understanding.
The Mombasa retreat also addressed fiscal planning for the 2025/26 financial year, consensus-building on shared priorities, and ways to strengthen cooperation between Parliament and the Judiciary.
