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Leader in assembly dismisses claims of tension

15 August 2014, 19:01

Kwale - Leader of majority in the national assembly Aden Duale has dismissed claims that there is no constitutional tension between the three arms of government.

Addressing lawyers at leisure lodge resort in Kwale during the 21st LSK conference, Duale said that the three arms of government are distinctive although lawyers insisted the constitutional tension exist.

This years’ theme of the conference is, “The spirit of the law: constitutional tension between the three arms of government”.

Duale said the constitutional tension between the three arms of government the parliament executive and the judiciary as claimed might exists because people see things differently.

“It is clear that the three arms of government play a pertinent role without which success of each institution would be hampered because the existence of each institution is pegged on the other,”he added.

“Because people see things differently because that is the basis of differing in opinion but it does not in any way suggest conflict of tension,’ said Duale.

Duale said that in the performance of their function the three arms of government, there are meant to be differences of opinion in the manner in which they conceptualize ideas.

He said that the sovereign powers is delegated to parliament executive and judiciary each institution with distinct roles that they play in line with the principal of separation of powers.

“No any of the arm can work in isolation,” he added.

The legislature singled out the Supreme Court ruling on division of revenue bill dispute, summoning of judicial service commission by the national assembly, the impeachment of Embu governor where court overturned the senate impeachment among other things which creates differences.

“Parliament exercises  oversight over state organs while senate protect the interest of counties and their government ,participate in law making ,determine allocation of national revenue among counties and also oversight of state officers,” he added.

Duale said there are linkages between the national assembly and the
senate including the legislative and oversight roles and the
determination and allocation of resources.

He said there are also linkages of the executive the parliament.

“Separation of powers as a principal does not operate in vacuum there must be a check and balance system and to suggest otherwise would be tantamount to allowing the exercise of power without responsibility and accountability,’ he said.

Duale said that without Judiciary to interpret the law anarchy, failure of institutions and despondency would set it noting that its roles cannot be overstated.

Council of governor vice chair governor Salim Mvurya said that everyone has a role to play in ensuring institutions created the devolution and reforms envisaged continue to be protected through subsequent laws going to be enacted.

“Law society of Kenya is actually very well positioned not to be a referee but again as a reflection point where we can be able to listen and engage on a number of challenges and how to resolve them as a country,” said Mvurya.

Law Society of Kenya chairman Eric Mutua wondered if there is no tension when a speaker of the national assembly says that an opinion of a supreme court is idiotic.

‘I also wonder if constitutional tension does not exist when the speaker of the national assembly says that it doesn’t matter whether a supreme court makes a decision or it gives an opinion,” he said adding that  those are the things lawyers need to look at and interrogate.

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