Wetang’ula warns Judiciary over ‘careless’ orders blocking gov't programmes

Speaking during a stakeholder engagement sponsored by Parliament and the Kenya Private Sector Alliance (KEPSA) on Friday, November 7, in Mombasa, Wetang'ula stated that he was troubled by court actions that appear to undermine Parliament’s legislative authority and the country’s economic progress.

He cited that Parliament passes laws legitimately, then some litigants rush to court to challenge even non-existent sections of the law.

“Somebody goes to court and cites a non-existent section of the law, and the judge issues conservatory orders against that non-existent section in the new law,” Wetang'ula stated.

His remarks follow an October 2025 High Court ruling that halted the enforcement of specific provisions within the Computer Misuse and Cybercrimes (Amendment) Act, 2025. 

In that decision, Justice Lawrence Mugambi issued conservatory orders suspending Section 27(1)(b), (c), and (2) of the law, which sought to criminalize the publication of information deemed false or misleading if it could provoke public alarm or damage a person’s reputation. 

They also targeted online communications considered detrimental, indecent, or grossly offensive when intended to harass or humiliate others, and penalized digital content that might push someone into taking their own life.

The petition was filed by gospel artist and activist Reuben Kigame and the Kenya Human Rights Commission (KHRC), who argued the provisions were vague and posed a threat to freedom of expression, privacy, and media freedoms. 

The Speaker argued that injunctions should be issued as the last resort, highlighting those legal principles already provide for compensation where remedies are needed.

“Injunctions are not cakes to be dished to everybody carrying a plate,” Wetang’ula declared, adding that the government would never fail to settle damages where courts find it culpable. 

He proposed a structured dialogue bringing together Parliament, the Judiciary, and the Kenya Private Sector Alliance (KEPSA) to harmonize how key national decisions are adjudicated.

The Speaker also questioned the legitimacy of some litigants, suggesting that certain lawsuits may be politically motivated or influenced by commercial rivals rather than public interest.

“The person rushing to court does not even run a kiosk. They are simply a surrogate litigant for competitors,” he noted.

Despite his strong criticism, Wetang’ula reassured stakeholders that reforms require commitment, patience, and unity of purpose.

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

 He ended his remarks with humor, narrating an anecdote about a pastor unknowingly leaning on a hospital patient’s oxygen tube, a metaphor emphasizing the need for responsible judicial intervention.