Senate Speaker blocks CORD attempt to initiate security laws debate

Politics and policy

Senate Speaker Ekwe Ethuro leading past senate proceedings. PHOTO | FILE  NATION MEDIA GROUP

By EDWIN MUTAI

In Summary

• Mr Ethuro said the Senate should be the last institution to interfere with the jurisdiction of other arms of government given the complaints it has raised against interference on its works.

The Senate Speaker Ekwee Ethuro has stopped attempts by the opposition to initiate debate that would have declared as unconstitutional, null and void the contentious security laws that were passed by the national assembly in an acrimonious debate.

Mr Ethuro ruled that the matter was active in court and the Senate could not allow debate on the same until a judgment is delivered on the matter this Friday.

"Majority leader went ahead and tabled a document which he didn't divulge more particulars. Deputy speaker Kembi Gitura went ahead and gave particulars in terms of pleadings being sought.

"Request by minority leader came before they proceeded to court. It is for House to ventilate and bring forward arguments as to whether or not matter is sub judice. This matter is of paramount importance to the nation," he said.

Mr Ethuro said the Senate should be the last institution to interfere with the jurisdiction of other arms of government given the complaints it has raised against interference on its works. The Speaker hailed the rulings by former national assembly speaker Kenneth Marende that the rule of sub judice can only be advanced if there are tangible reasons.

"The Marende's rulings are fine but Standing Order 92 of the Senate is clear that the House can't debate on a matter that is active in court, in which the ruling date has been given," he ruled.

"If it was somebody else who went to court… there will be no problem but if it is Senators or some of us who went to court, this weakens our position. Let us give the court opportunity to conclude matter. This matter can still be revisited. We can still bring amendments to the law which I allow. Therefore we can't proceed with this motion," Ethuro ruled.

Minority leader Moses Wetangula challenged the ruling saying none of the Senators is a litigant in court.

"I want to make the record clear that none of the Senators sitting here is a litigant in any matter. Senator James Orengo is a senior counsel who is free to act on anybody and any matter in this country," he said.

He said the three hour prolongation of a point of order raised by Majority Leader Prof Kithure Kindiki was a conspiracy to frustrate the motion. "I find this a narrow minded attitude that will not help this country. You must live with the guilt that you will carry on for many years to come," he said.

The Senate was split on whether or not to debate the contentious Security Laws (Amendment) Bill that was assented to by President Uhuru Kenyatta on December 19, a day after the ruling Jubilee coalition bulldozed through an acrimonious confrontation at the National Assembly.

The Jubilee coalition raised an objection to the motion introduced by the Cord Coalition in a Special Sitting convened by Speaker Ekwee Ethuro to deliberate on the Security (Amendment) Act, 2014.

The opposition coalition, which has moved to court seeking to set aside the implementation of the new law, wanted the Senate to pass a resolution declaring that the Security Laws (Amendment) Act is unconstitutional.

The Security Laws (Amendment) Bill, which was assented to law by President Kenyatta on December 19 amends 21 existing Acts of Parliament.