Wetang'ula risks jail over alleged breach of court orders on political campaigns

National Assembly Speaker Moses Wetang'ula addresses residents in Bungoma County. [Bernard Lusigi, Standard]

The High Court has certified as urgent a contempt application seeking to have National Assembly Speaker Moses Wetang'ula jailed for at least one month or fined Sh725,017 for each political engagement for allegedly violating conservatory orders issued on July 8, 2026.

Justice David Mburu ordered that a contempt of court application filed by Vocal Africa against Wetang'ula be fast-tracked over allegations that he continued to disobey court orders restraining him from participating in partisan political campaigns, including allegedly campaigning for President William Ruto's re-election.

"It is hereby ordered that the application is certified as urgent, that the application be served immediately, and that further directions will be given on July 16, 2026, when the matter comes up for mention," Justice David Mburu ordered.  

The contempt proceedings stem from conservatory orders issued by the same court on July 8, restraining Wetang'ula and Senate Speaker Amason Kingi, while serving as Speakers of Parliament, from using, invoking, relying upon or benefiting from the authority, prestige, dignity, influence or incidents of their constitutional offices in the organisation, promotion, endorsement, leadership or conduct of organised partisan political campaigns pending the hearing of the constitutional petition.

According to court documents filed by Vocal Africa through advocate Ian Mutiso, Wetang'ula allegedly continued participating in political mobilisation events despite being fully aware of the court orders.

The petitioner claims the Speaker was personally served with the orders and also received them electronically through email, X (formerly Twitter), iMessage and other lawful means.

The application further states that the orders received widespread publicity through television stations and digital media, leaving no doubt that he had actual knowledge of them.

The application alleges that between July 10 and July 12, Wetang'ula attended political events in Narok North, Sirisia, Matungu, Kabuchai and Webuye East, where he allegedly urged members of the public to support President Ruto's re-election and the Kenya Kwanza administration while invoking the authority of the Office of the Speaker of the National Assembly.

The lobby group has also tendered evidence of the photos and videos in court revealing that Wetang'ula later published the events on his official X account, conduct said to be inconsistent with the conservatory orders.

In the Certificate of Urgency, advocate Ian Mutiso argues that the alleged breach threatens the authority of the judiciary.

"The alleged disobedience is deliberate, continuing and calculated to undermine the authority, dignity and effectiveness of the Court and, unless urgently addressed, is likely to embolden further disregard of judicial authority by holders of constitutional office," the lobby groups states.

The petitioner further argues that Wetang'ula's position as an Advocate of the High Court makes the alleged breach particularly serious.

"Wetangula is not only the Speaker of the National Assembly but also an Advocate of the High Court of Kenya... an officer of this Honourable Court who is professionally and constitutionally obligated to uphold the rule of law and obey lawful court orders."

Vocal Africa is asking the High Court to formally cite Wetang'ula for contempt of court and compel him to personally appear before the judge to explain why he should not be punished.

The petitioner also wants the court to restrain him from committing any further acts alleged to violate the conservatory orders pending determination of the contempt proceedings.

Additionally, the application seeks orders requiring Wetang'ula to purge the alleged contempt by immediately stopping the impugned conduct, removing all social media posts published after July 8 that allegedly evidence the breach, and filing an affidavit of compliance within 48 hours.

and filing an affidavit of compliance within 48 hours confirming full adherence to the court's orders.

If the court ultimately finds him guilty of contempt, Vocal Africa wants Wetang'ula committed to civil jail for at least one month for each alleged political engagement undertaken after July 8, 2026, or personally fined Sh725,017 for each alleged political engagement, an amount equivalent to the Speaker's basic monthly salary.

The petitioner is also seeking orders for the sequestration of public property assigned to him where appropriate, as well as any other coercive or punitive sanctions the court may deem necessary to uphold its authority and dignity.

The application further asks the court to order that the costs of the contempt proceedings be borne personally by Wetang'ula and not paid from public funds or by the Parliamentary Service Commission.