DCJ Philomena Mwilu Refutes Allegations Courts are Under Executive ‘Capture’

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By Tobby Otum

A Judiciary that goes to bed with the executive arm of the government has no reason to exist. 

Deputy Chief Justice Philomena Mbete Mwilu said the Kenya Kwanza administration has been in power for hardly two months after taking over from former President  Uhuru Kenyatta’s regime.

She insisted no matter  what going to bed means the three arms of government are independent contrary to criticism.

“The three arms of government are interdependent but are separate,” she pointed out.

Philomena argued the legislators will make laws  and the judiciary will interpret it while the executive will enforce it.  

She was speaking during the opening of the second edition of the 39 the annual Institute of Certified Public Accountants of Kenya [ICPAK] forum at Sarova Whitesands Beach Resort in Momasa county.

The DCJ told the forum that the legislators will make the budget  to make the judiciary operate efficiently.     

Philomena said the three arms of government must talk to each other but not beyond the line of duty.

“The three arms must be consistent in line of their jurisdiction,” she pointed out.

The DCJ lashed out at the treasury for overstepping its mandate where allocation of funds is concerned.

Philomena reminded the forum the treasury’s mandate is to disburse funds already allocated by the National Assembly.

She pointed out the parliamentary budget committee’s sole mandate is to allocate funds to relevant ministries, public bodies and state corporations among others and not the treasury.

The DCJ reiterated the treasury is supposed to share what has been allocated from the consolidated kitty.

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