Wetang’ula Warns Judiciary Against ‘Careless’ Obstructing Orders
National Assembly Speaker Moses Wetang’ula warned the judges against issuing ‘careless’ conservatory orders that impede the implementation of legislation and government activities.
Wetang’ula expressed concern over court proceedings that appear to undercut Parliament’s legislative authority and the country’s economic success.
He was addressing during a stakeholder engagement hosted by Parliament and the Kenya Private Sector Alliance (KEPSA) on Friday, November 7, in Mombasa.
He argued that while Parliament adopts laws properly, some litigants rush to court to dispute even non-existent elements 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.
WETANG’ULA FAULTS JUDICIARY OVER COURT ORDERS
— TV 47 Digital (@tv47digital) November 7, 2025
Wetang’ula faults Judiciary for issuing “careless” conservatory orders
Speaker warns such orders disrupt government programmes
Says frequent injunctions threaten economic progress
Parliament, KEPSA hold joint meeting on business… pic.twitter.com/EW3zfoln4H
His words follow a High Court verdict in October 2025 that delayed the implementation of specific parts of the Computer Misuse and Cybercrimes (Amendment) Act, 2025.
In that decision, Justice Lawrence Mugambi issued conservatory orders that suspended Sections 27(1)(b), (c), and (2) of the statute.
The law intends to penalize the dissemination of incorrect or misleading material that could cause public panic or harm a person’s reputation.
They also penalized online communications that were deemed harmful, indecent, or grossly offensive when intended to harass or humiliate others, as well as digital content that could lead to someone committing suicide.
Reuben Kigame, a gospel performer and activist, and the Kenya Human Rights Commission (KHRC) filed the petition, claiming that the clauses were ambiguous and threatened freedom of expression, privacy, and media freedom.
The Speaker maintained that injunctions should be given as a last resort, pointing out that legal principles already provide for compensation in cases where remedies are necessary.
“Injunctions are not cakes to be dished to everybody carrying a plate,” Wetang’ula declared.
He also stated that the government would never fail to settle damages when courts found it liable.
He recommended a structured discussion between Parliament, the Judiciary, and the Kenya Private Sector Alliance (KEPSA) to align how critical national decisions are made.
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The Speaker also questioned the legality of some claimants, implying that certain lawsuits may be politically motivated or influenced by commercial rivals rather than the public good.
“The person rushing to court does not even run a kiosk. They are simply a surrogate litigant for competitors,” he noted.
Despite his harsh criticism, Wetang’ula assured stakeholders that improvements require dedication, 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.
Wetang’ula Warns Judiciary Against ‘Careless’ Obstructing Orders
