Court bars Wetang'ula, Kingi from political campaigns

Speaker of the Senate Amason Kinga and Speaker of the National Assembly Moses Wetangula. [Elvis Ogina, Standard]

The High Court has issued conservatory orders barring National Assembly Speaker Moses Wetang'ula and Senate Speaker Amason Kingi from using the authority, prestige and influence of their constitutional offices to participate in partisan political campaigns pending the hearing and determination of a constitutional petition.

Justice David Mburu of Milimani High Court issued the orders after certifying as urgent a petition filed by lobby group Vocal Africa challenging the two Speakers' participation in political campaigns while serving as the presiding officers of Parliament.

The judge directed that, pending the inter partes hearing of the application, Wetang'ula and Kingi must not use the powers or influence attached to their constitutional offices to support or oppose any political party, coalition or candidate.

"Pending the inter-partes hearing of this application, a conservatory order is hereby issued restraining the 1st and 2nd Respondents( Wetang'ula and Kingi ), while serving as the Speaker of the National Assembly and the Speaker of the Senate respectively, from using, invoking, relying upon or benefiting from the authority, prestige, dignity, influence or incidents of their constitutional offices in the organization, promotion, endorsement, leadership or conduct of organized partisan political campaigns in support of or opposition to any political party, political coalition or political candidate," Justice Mburu ordered.

The conservatory orders arose from a petition by Vocal Africa, which argues that the Speakers' involvement in Kenya Kwanza political activities compromises Parliament's constitutional independence and undermines the doctrine of separation of powers.

The lobby through Lawyer Ian Mutiso group contends that Parliament is constitutionally mandated to exercise oversight over the Executive and that its presiding officers must remain institutionally impartial while occupying their offices.

"Articles 73, 75 and 232 of the Constitution prohibit the holders of the Offices of Speaker from using the authority, prestige, influence or incidents of those offices to participate in or promote partisan political campaigns in a manner that compromises, or reasonably appears to compromise, the institutional independence of Parliament," the lobby group argues.

Vocal Africa argues that the two Speakers have breached the Constitution by actively campaigning for President William Ruto's re-election ahead of the 2027 General Election while occupying offices that demand political neutrality and institutional independence.

"The Constitution of Kenya created a Parliament that would stand beside the Executive and not behind it. It entrusted the Speakers of Parliament with constitutional authority, not partisan advantage; with institutional stewardship, not electoral mobilisation," the petition states.

Justice Mburu ordered the petitioner to physically serve the petition, application and supporting documents on all respondents by the close of business on today July 9 and file a return of service.

 The respondents, namely Wetang'ula, Kingi, the Independent Electoral and Boundaries Commission (IEBC), the Ethics and Anti-Corruption Commission (EACC), and the Attorney General, were directed to file and serve their responses within three working days after being served.

"The application is certified urgent and therefore considered ex parte in the first instance. The respondents shall file and serve responses to both the application and the petition within three  working days from the date of service ," the judge ruled.

Justice Mburu further granted Vocal Africa liberty to file a rejoinder within two days of receiving the responses if necessary.

The matter will be mentioned on July 16 to confirm compliance with the court's directions and for further directions on the hearing of the petition.

"The matter shall be mentioned on July 16,2026 to confirm compliance and take further directions," the judge ordered.

In the petition, Vocal Africa seeks declarations that the Speakers' participation  in partisan political campaigns violates the Constitution, the Leadership and Integrity Act, the Public Officer Ethics Act and the Election Offences Act.

The lobby group also seeks permanent orders restraining the two Speakers from using the authority and prestige of their constitutional offices in political campaigns while serving as the heads of the National Assembly and the Senate.