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Mumias East MP Peter Salasya is facing a fresh legal battle after a constitutional petition was filed at the High Court seeking his removal from office over allegations of drug use, misconduct and breach of the leadership and integrity standards enshrined in Chapter Six of the Constitution.
The petition, filed by Fred Muka, names Salasya as the first respondent alongside the Ethics and Anti-Corruption Commission (EACC), the Independent Electoral and Boundaries Commission (IEBC), the National Assembly Powers and Privileges Committee and the Attorney General.
Muka wants the court to certify the matter as urgent and issue conservatory orders restraining the outspoken legislator from publishing, broadcasting or reposting any material allegedly depicting the use of narcotic or psychotropic substances until the case is heard and determined.
The petitioner is also seeking orders compelling the National Assembly Powers and Privileges Committee to commence disciplinary proceedings against Salasya within 15 days and conclude them expeditiously. In addition, he wants the EACC directed to investigate the MP's conduct and, where appropriate, recommend prosecution under the Narcotic Drugs and Psychotropic Substances (Control) Act.
Significantly, the petition further asks the High Court to order an independent psychiatric assessment of Salasya to determine whether he is of sound mind within the meaning of Article 99(2)(e) of the Constitution. Muka further argues that should the disciplinary process result in the MP's removal from office, the constitutional disqualification under Article 75(3) should automatically apply, allowing the IEBC to declare the Mumias East parliamentary seat vacant.
According to the supporting affidavit, the petitioner claims Salasya has engaged in conduct that undermines the dignity of the office of a Member of Parliament. Among the incidents cited are the alleged assault of a Member of the County Assembly during a funeral in Kakamega County and a viral social media video in which the legislator narrated how he unknowingly consumed cannabis-infused cookies.
"The 1st Respondent is a sitting Member of Parliament and a State Officer strictly bound by Article 75(1) to behave in a manner that avoids demeaning his office or compromising public interest," the petition states.
It further argues that Salasya's alleged conduct, if left unchecked, undermines the national values outlined under Article 10 of the Constitution and the dignity of representation guaranteed to the people of Mumias East under Article 94.
The petition also references a separate controversy surrounding a video that circulated online appearing to show the MP smoking what many alleged was marijuana. Salasya, however, dismissed the clip as AI-generated propaganda designed to damage his political reputation.
The first-term lawmaker has repeatedly denied using cannabis. Earlier this month, amid growing public scrutiny, he maintained that he is not a cannabis consumer, explaining that his previous remarks were intended to advocate for the regulated cultivation of medicinal cannabis because of its potential economic and employment benefits rather than to promote personal drug use.
Salasya has, in the past, publicly called for the controlled legalization of marijuana in Kenya, arguing that a well-regulated medicinal cannabis industry could generate jobs and boost the country's economy.
The petition comes against the backdrop of several controversies involving the MP in recent years, including his 2024 arrest over alleged assault, his dramatic ejection from a funeral in Mumias East in June 2026 following clashes with rival political supporters, and his widely publicised removal from Nyayo National Stadium during Kenya's World Cup qualifier against Gabon in 2025.
The High Court is yet to hear the matter and will first determine whether to grant the interim orders sought before considering the substantive constitutional issues raised in the petition.
As of Tuesday, Salasya had not publicly filed a formal legal response specifically addressing the latest petition.
The fresh legal challenge comes months after the outspoken legislator was cleared in a separate hate speech case after complying with court-ordered peace campaigns. In another matter, a court also dismissed his constitutional petition alleging torture during his 2025 arrest, ruling that the issues raised did not meet the constitutional threshold.
The latest petition now places Salasya at the centre of another high-profile legal battle, with the High Court expected to determine whether the allegations warrant further proceedings or disciplinary action against the embattled legislator.
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