A bid to bar National Assembly Speaker Moses Wetang’ula and Senate Speaker Amason Kingi from engaging in political activities has collapsed after the High Court ruled that the petition was filed before the proper legal channels had been exhausted.
Justice David Mburu on Thursday dismissed the case filed by Vocal Africa, saying the petitioners should have first pursued the dispute resolution mechanisms provided under the Leadership and Integrity Act before seeking intervention from the court.
The judge found that the petitioners had not submitted a complaint to the Ethics and Anti-Corruption Commission (EACC) over alleged breaches of Chapter Six of the Constitution, the Leadership and Integrity Act, or the Conflict of Interest Act.
“The doctrine of exhaustion is applicable in this matter,” Justice Mburu ruled, adding that the petitioners had not demonstrated any exceptional circumstances that would allow them to skip the available legal process.
Justice Mburu said the petitioners failed to prove that they had been denied an opportunity to use the administrative remedies available before moving to court.
The decision followed objections raised by the respondents, who argued that the petition was not ready for determination since the legal procedures set out under the Leadership and Integrity Act had not been followed.
The judge agreed with the objection, finding that it raised a pure legal issue that could be considered by the court at that stage.
Justice Mburu further ruled that Vocal Africa had not shown how Wetang’ula and Kingi violated Chapter Six of the Constitution, the Leadership and Integrity Act, or the Conflict of Interest Act through the political activities they challenged.
After upholding the preliminary objections, the court declined to consider an application seeking conservatory orders that would have prevented the two Speakers from attending or being represented at alleged partisan political events.
The petition was therefore struck out after the court found that the petitioners had failed to first use the statutory dispute resolution mechanisms available.
In his response to the case, Wetang’ula opposed the application, arguing that it sought orders against him both in his role as Speaker of the National Assembly and as an individual citizen.
He argued that he, like any other Kenyan, has a right to enjoy constitutional freedoms unless those rights are restricted by law.
Wetang’ula also said the petitioners had failed to separate actions carried out in his official capacity from those undertaken as a private citizen. He further argued that they had not explained how the orders they were seeking would serve the public interest.
The EACC was among the parties listed as respondents in the petition.