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Friday, May 28, 2010

NO AGAINST MOTION

The No campaign team Thursday criticised plans to move a motion against the High Court judges who ruled that kadhi courts were unconstitutional.

Higher Education minister William Ruto and four MPs said the motion, if successful, would open the floodgates for lawmakers who feel aggrieved by court rulings.

Mr Ruto said the intended motion by Imenti Central MP Gitobu Imanyara would put Parliament and the Judiciary on a collision path.
“It is an act of impunity for anybody to try to intimidate members of the Judiciary to rule in their favour,” he said.

Speaking at Kariene market in Mr Imanyara’s constituency, Mr Ruto said the move was a show of disrespect to the judges.

“What will happen if the judges rule the other way? Does it mean MPs will resort to issuing threats of censure motions?” he posed.

Igembe South MP Mithika Linturi said he was confident the motion would not sail through since the move would encourage impunity.

“It is unfair to criticise or discuss a judge in Parliament. As a lawyer, Mr Imanyara should respect the principle of separation of powers,” he said.

And Lugari MP Cyrus Jirongo praised Tuesday’s ruling, saying judges were “helping us not to pass a flawed constitution” and thus should not be victimised.

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