National Assembly Speaker Moses Wetang’ula and Senate Speaker Amason Kingi are facing a constitutional petition that could redefine the role of parliamentary leaders in electoral politics after the High Court temporarily barred them from participating in partisan campaigns using the authority of their offices.
The High Court has issued conservatory orders restraining Wetang’ula and Kingi from using the authority, prestige, dignity or influence of their constitutional offices to organise, promote, endorse, lead or participate in partisan political campaigns pending the hearing and determination of the case.
The petition, filed by civil society organisation Vocal Africa, argues that the two Speakers’ participation in political campaigns “undermines Parliament’s constitutional independence and violates the separation of powers between the Legislature and the Executive.”
Justice David Mburu certified the matter as urgent and directed Wetang’ula and Kingi to file their responses within three working days. The case is scheduled for mention on July 16 for further directions.
Also named as respondents are the Independent Electoral and Boundaries Commission (IEBC), the Ethics and Anti-Corruption Commission (EACC), and the Attorney General.
In its court filings, Vocal Africa argues that Parliament was established by the Constitution as an independent arm of government tasked with overseeing the Executive and that its Speakers should not serve as leaders or mobilisers in partisan political campaigns.
The organisation alleges that between June and early July this year, Wetang’ula attended political rallies in Likoni, Mombasa County; Emuhaya, Kakamega County; and Eldoret, Uasin Gishu County, where he urged Kenyans to support President William Ruto’s re-election bid and the Kenya Kwanza administration’s agenda.
Kingi is similarly accused of participating in political mobilisation meetings in Mombasa and other parts of the Coast region.
According to the petitioner, the two Speakers’ political activities have created “a conflict between their constitutional duty to preside over Parliament impartially and their involvement in partisan politics,” thereby eroding public confidence in the independence of Parliament.
Vocal Africa maintains that it does not oppose the Speakers’ right to hold personal political views. However, it argues that they should not use “the authority and prestige of their constitutional offices to advance political campaigns.”
The organisation is seeking permanent orders barring Wetang’ula and Kingi from using their offices in partisan political activities. It also wants the court to declare that their alleged conduct “violates the Constitution, the principles of leadership and integrity, and public trust.”
Additionally, the petition asks the court to direct the IEBC and EACC to investigate the allegations and submit their findings before the court.
