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Wetang’ula Urges Judges to Stop Ruling Against Bills Passed by Parliament

Wetang’ula Urges Judges to Stop Ruling Against Bills Passed by Parliament

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National Assembly Speaker Moses Wetang’ula has urged the Judiciary to exercise prudence when issuing conservatory or injunction orders that may affect the implementation of laws and government programmes.

Speaking on Friday, November 7,  during a consultative meeting jointly organized by Parliament and the Kenya Private Sector Alliance (KEPSA), the Speaker expressed concern that frequent court interventions could slow down national development efforts and legislative implementation.

Wetang’ula noted that Parliament enacts laws through a legitimate and consultative process, yet some litigants move to court soon after, sometimes challenging provisions that do not exist in the enacted laws.

He cited the recent suspension of sections of the Computer Misuse and Cybercrimes (Amendment) Act, 2025, as an example.

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In October 2025, the High Court, through Justice Lawrence Mugambi, issued temporary orders suspending the enforcement of sections 27(1)(b), (c), and (2) of the Act.

The case, filed by gospel artist and activist Reuben Kigame and the Kenya Human Rights Commission (KHRC), argued that the contested sections were vague and could be used to limit freedom of expression, privacy, and media freedom.

The suspended provisions sought to regulate the publication of false, misleading, or offensive online content, including digital communication that could harm an individual’s reputation or well-being.

The Speaker said that while the Judiciary plays a vital role in upholding constitutionalism, excessive issuance of injunctions may create uncertainty for policymakers and investors.

“Injunctions should be issued only where absolutely necessary. The government is committed to upholding the law and will always comply with any lawful court decisions, including compensation where due,” Wetang’ula stated.

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Speaker’s Proposal to Judiciary

He proposed enhanced dialogue among Parliament, the Judiciary, and the private sector to promote better understanding and coordination in national decision-making.

“We need continuous engagement between Parliament, the Judiciary, and KEPSA to ensure that decisions affecting the country are made in a balanced and collaborative manner,” he added.

The Speaker also encouraged stakeholders to act in good faith, noting that some legal challenges may be influenced by business rivalries rather than public interest.

“Some of those filing petitions may not have a direct stake in the matters they bring to court,” he observed.

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Wetang’ula concluded by calling for unity and patience in the country’s reform journey, urging all sectors to contribute constructively to Kenya’s development.

“Rome was not built in a day, but the Romans were there to build it — and we are the Romans,” he said to applause.

He lightened the session with a humorous anecdote before closing with an appeal for responsible leadership across all arms of government.

“Let us not be the ones to lean on the lungs of the people of Kenya,” he concluded.

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Mose Wetang'ula leads meeting between KEPSA and Parliament

Consultative meeting between the Parliament and Kenya Private Sector Alliance (KEPSA) on November 7. PHOTO/PK

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