Wetang’ula Blasts Judiciary Over ‘Misinformed Orders’ that delay legislation, national development

MOMBASA, Kenya, Nov 8 — National Assembly Speaker Moses Wetangula has launched a scathing attack on the Judiciary, accusing courts of issuing orders based on misinformation and thereby derailing legislation, policy implementation, and national development.

Speaking during the 8th Annual KEPSA Alliance Roundtable in Mombasa, Wetangula warned that Kenya risks self-inflicted stagnation driven by misinformation, incitement, and a culture of litigation that undermines governance and investment.

“Somebody goes to court and cites a non-existent section of the law, and the judge issues a conservatory order,” the Speaker lamented. “This is how we are running the affairs of a modern state — on the basis of falsehoods. Injunctions have become cakes to be dished to anyone carrying a plate.”

His remarks came just days after the High Court suspended sections of the new cybercrimes law following a petition by former presidential candidate Reuben Kigame, which Wetangula claimed was anchored on a repealed provision of the 2018 Act.

The Speaker said the country had slipped into a “culture of suspicion, where misinformation and half-truths were weaponized to stall progress.

“After we passed the updated Cybercrimes Bill, a young lawmaker who hardly appears in the chamber circulated a fake version of the bill online, denounced it, and applauded those rushing to court. That is how disinformation creeps into lawmaking,” Wetangula said.

He called for a three-way dialogue between Parliament, the Judiciary, and the private sector to restore discipline in the issuance of injunctions and to curb misinformation surrounding legislation.

“When we studied law, an injunction was a last resort — you had to show that damages could not compensate you. Today, injunctions are issued first, questions asked later,” he said.

Wetangula urged judges to uphold the presumption of constitutionality for laws passed by Parliament and handle constitutional challenges with urgency.

“If you say a law is unconstitutional, fine — Parliament is 200 metres away, the Attorney General is 20 metres away. Serve them, hear the matter urgently. But you cannot issue an injunction and lock away the file for six months while business suffers,” he argued.

The Speaker linked current judicial and legislative standoffs to Kenya’s long history of legal battles that initially delayed projects which later became national landmarks — including the KICC, Jomo Kenyatta International Airport, and the UN headquarters in Nairobi.

“When Odero Jowi brought the UN to Nairobi, people went to court. Today, Nairobi is bigger than Geneva or Vienna — a continental diplomatic centre. But we remain a country where everything is doubted, protested, and taken to court. We keep running on a treadmill: sweating, panting, but never leaving the spot,” he remarked.

On geopolitical trends, Wetangula urged African leaders to “read the global moment correctly,” noting that the continent should see opportunity in the ongoing rivalry between the U.S. and China.

“We are back to the era of Marco Polo — what you can grab becomes yours. When China and America fight, be happy. That is when new doors open for Africa. But we must be alert. A continent of 1.35 billion people cannot remain only 3 percent of global trade,” he said.

He further challenged the private sector to drive Kenya’s next growth phase, saying the era of dependence on external aid was over.

“There are no angels coming to build this country. You — the private sector — are the angels,” he told business leaders. “Taxation has reached its limits; Kenya’s next leap will come from innovation and private capital.”

Majority Leader Kimani Ichung’wah echoed the Speaker’s sentiments, urging collaboration between Parliament and industry to translate Kenya’s positive macroeconomic indicators into tangible benefits for ordinary citizens.

“What is not happening for Kenyans to feel how well the economy is doing?” he asked. “For the micro to be felt, there must be sound practice. Our partnership must become sharper, more evidence-based, and outcome-oriented.”

Ichung’wah cautioned against profit-driven lobbying, saying Parliament would only support private-sector proposals anchored in data and national interest.

KEPSA Chairman Jaswinder Bedi warned that Kenya could become a dumping ground for cheap goods as global supply chains shift, urging Parliament to tighten trade laws.

“If the U.S. and European markets close to China and India, their factories won’t shut down — they’ll divert production,” Bedi said. “And Africa, with weaker regulatory walls, will be the easiest market to dump into. Kenya must be ready.”

Minority Leader Junet Mohamed called for a complete overhaul of Kenya’s long-term development blueprint, saying Vision 2030 had been overtaken by political cycles and changing economic realities.

He revealed that the late opposition leader Raila Odinga had discussed with President William Ruto the possibility of extending the plan to Vision 2043 or even 2063.

“Politicians are already campaigning for 2032. That vision has been overtaken by events,” Junet said.

He also accused both government and Parliament of selective legislation, claiming certain taxes and exemptions were crafted to protect narrow business interests.

“You must reign on that, Mr Speaker. Some industries are suffering because of taxes imposed to fight competitors,” he said.

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