National Assembly Speaker Moses Wetang’ula has warned the Judiciary against what he termed as “careless” conservatory orders that disrupt the implementation of laws and government programmes
Speaking during the 8th Kenya Private Sector Alliance (KEPSA) Speaker’s Roundtable in Mombasa on Friday, November 7, Wetang’ula expressed concern that courts were undermining Parliament’s authority and slowing national development through unnecessary injunctions
“Parliament passes laws legitimately, then somebody rushes to court citing a non-existent section, and the judge issues conservatory orders against that non-existent law,” he said
His comments come weeks after the High Court suspended parts of the Computer Misuse and Cybercrimes (Amendment) Act, 2025, which sought to criminalize false or harmful online content
The petition, filed by gospel artist Reuben Kigame and the Kenya Human Rights Commission (KHRC), argued that the provisions threatened freedom of expression and privacy
Wetang’ula stressed that injunctions should be used only as a last resort, noting that legal frameworks already allow for compensation where necessary
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“Injunctions are not cakes to be dished to everybody carrying a plate,” he quipped, adding that the government always honors court-awarded damages
The Speaker further called for dialogue between Parliament, the Judiciary, and KEPSA to ensure balanced decision-making in national matters
He also questioned the motives of some litigants, suggesting that certain court cases were politically or commercially driven
“The person rushing to court does not even run a kiosk. They are simply a surrogate litigant for competitors,” he said
Concluding his speech with humor, Wetang’ula compared reckless court actions to a pastor leaning on a patient’s oxygen tube a lighthearted reminder, he said, of the need for judicial responsibility and balance in governance
Writer : Mweru Mbugua
