Dr. Otiende Amollo Defends Parliament Previlege in Face of Judicial Oversight

By John Kariuki

Hon. Dr. Otiende Amollo SC, the Member of Parliament for Rarieda and a distinguished member of the Justice and Legal Affairs Committee, has added his voice to the ongoing national debate on the delicate balance between parliamentary privilege and judicial oversight.

Speaking on the subject, Dr. Amollo stressed that the courts should not interfere with Parliament while it is in the process of enacting laws. He explained that the doctrine of separation of powers gives Parliament the exclusive mandate to legislate, while the courts’ role is to evaluate the constitutionality of those laws once they are enacted.

“Parliament cannot be stopped from legislation. The courts can only determine constitutionalism at their absolute discretion,” Dr. Amollo stated. He added that injunctions against Parliament in the middle of the legislative process not only undermine parliamentary independence but also disrupt the smooth functioning of governance.

According to the senior counsel, judicial oversight remains a critical pillar of constitutional democracy, but it must be exercised within its rightful scope. Courts, he argued, must allow Parliament to conclude its processes before stepping in to determine whether a law passes the test of constitutionality. This, he noted, ensures respect for both institutions while preventing unnecessary institutional conflict.

Dr. Amollo’s intervention comes at a time when tensions have occasionally flared between Parliament and the Judiciary, particularly over contentious legislation where court orders have halted parliamentary processes. His perspective underscores the importance of maintaining institutional harmony, where each arm of government performs its role without encroaching on the other.

As a constitutional lawyer and legislator, Dr. Amollo emphasized that this delicate interplay is not about weakening judicial authority but about strengthening democratic governance. Parliamentary privilege, he said, must be respected to allow lawmakers to deliberate and enact policies without undue disruption, while judicial oversight must remain firm in safeguarding the Constitution once laws are passed.

His remarks are expected to stir further debate on how Kenya can uphold both parliamentary sovereignty in lawmaking and judicial independence in protecting the rule of law.