COURT CLIPS SPEAKERS POLITICAL WINGS

National Assembly Speaker Moses Wetang'ula and Senate Speaker Amason Kingi have received a political setback following a conservatory order from the High Court temporarily barring them from using their offices to participate in partisan political campaigns.

Justice David Mburu issued the orders after certifying as urgent a constitutional petition filed by civil society organisation Vocal Africa, which argues that the two parliamentary leaders have compromised the neutrality expected of their offices by participating in political mobilisation linked to President William Ruto's re-election campaign.

Pending the hearing and determination of the case, the court directed that the two Speakers must not use the influence, dignity, authority or privileges attached to their offices to organise, endorse, lead or conduct political campaigns in support of or against any political party, coalition or candidate.

"That pending the inter partes hearing of this application, a conservatory order is hereby issued restraining the 1st and 2nd Respondents... 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 in support of or opposition to any political party, political coalition or political candidate," Justice Mburu ruled.

The judge ordered Vocal Africa to serve all respondents with the petition and supporting documents by the close of business on Thursday, July 9. The respondents were granted three working days after service to file and serve their responses.

"The respondents shall file and serve responses to both the application and the petition within three (3) working days from the date of service," the court directed.
The matter will be mentioned on July 16, 2026, when the court will review compliance with its directions and give further case management orders.

The petition, filed through lawyer Ian Mutiso Mbotela, argues that Wetang'ula and Kingi have repeatedly appeared at Kenya Kwanza political rallies and actively mobilised support for President William Ruto ahead of the 2027 General Election.

According to Vocal Africa, such conduct undermines Parliament's constitutional independence, weakens the principle of separation of powers and erodes public confidence in the institution's impartiality.

The organisation insists the case is not intended to deny the two Speakers their personal political beliefs but to determine whether holders of the offices of Speaker can actively engage in partisan politics while exercising constitutional responsibilities that require neutrality.

In a supporting affidavit, Vocal Africa Chief Executive Officer Hussein Khalid said the petition had been filed solely in the public interest.
"This Petition is brought solely in public interest and not for the advancement of any political party, candidate, coalition or private interest whatsoever. Neither the Petitioner nor I stand to derive any personal, financial or political benefit from the outcome of these proceedings," Khalid stated.

The petition cites several political rallies allegedly attended by Wetang'ula in Likoni, Emuhaya and Eldoret, as well as meetings involving Kingi in Mombasa and other parts of the Coast region. Vocal Africa says it intends to rely on photographs, video recordings and media reports as evidence.

The organisation further argues that the alleged conduct violates Chapter Six of the Constitution on leadership and integrity, as well as provisions on public trust, political neutrality and the separation of powers. It also cites the Leadership and Integrity Act, the Public Officer Ethics Act and the Election Campaign Financing Act.

Among the orders sought is a declaration that using public authority, official motorcades, security personnel, parliamentary facilities or other state resources attached to the offices of Speaker for partisan political campaigns amounts to an unlawful use of public resources.

The petition also seeks orders compelling the Ethics and Anti-Corruption Commission (EACC) to investigate the alleged constitutional violations and file a report before the court within 60 days.

Besides Wetang'ula and Kingi, the Independent Electoral and Boundaries Commission (IEBC), the EACC and the Attorney General have also been named as respondents in the constitutional petition.

The case is expected to clarify the constitutional limits of political involvement by the Speakers of Parliament and could shape how holders of the two offices participate in politics ahead of the 2027 General Election.

The debate has also drawn attention to the role Speakers play during parliamentary proceedings, particularly when presiding over the passage of Bills. Critics argue that the Speakers are expected to remain impartial, serving as neutral referees of the House rather than appearing to favour or oppose any political side.