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High Court orders Kibagendi back to Parliament pending case

Lawyers representing the Speaker had initially argued that the High Court had no authority to interfere with parliamentary procedures, citing the doctrine of separation of powers. They contended that internal matters of Parliament should remain outside judicial scrutiny.

Kitutu Chache South MP Anthony Kibagendi has been granted temporary relief after the High Court halted a decision by National Assembly Speaker Moses Wetang’ula that had barred him from Parliament.


High Court Judge Bahati Mwamuye on Thursday ordered that Kibagendi be allowed back into the House to carry out his parliamentary duties while his case is being heard. The ruling suspends the Speaker’s February 17, 2026 decision, pending the court’s final determination.


Lawyers representing the Speaker had initially argued that the High Court had no authority to interfere with parliamentary procedures, citing the doctrine of separation of powers. They contended that internal matters of Parliament should remain outside judicial scrutiny.


Justice Mwamuye, however, said the issue raised constitutional questions, particularly regarding the rights of Kibagendi and the potential disenfranchisement of his constituents. “Pending the hearing and determination of this suit, the applicant is hereby allowed to access Parliament and continue discharging his duties as a Member of Parliament,” the judge ruled.


The court also prohibited the Speaker and the National Assembly from taking any disciplinary measures against Kibagendi related to the ongoing case.


Kibagendi had approached the court through his lawyer, Ombui Ratemo, after being suspended and denied access to House proceedings, including committee meetings. The Speaker had imposed the suspension following comments the MP made during a television interview, which were deemed inappropriate.


During the interview, Kibagendi questioned whether Parliament’s leadership was adequately protecting the institution’s independence. In response, the Speaker directed that he be excluded from parliamentary activities until he issued an apology.


In his legal filings, Kibagendi argued that the Speaker’s action breached constitutional provisions and proper legal procedures. His lawyer emphasized that the Parliamentary Powers and Privileges Act does not cover statements made outside Parliament, and that the MP’s rights to fair administrative action, access to justice, and a fair hearing had been ignored.


The matter will return to court for full hearing and determination at a later date.

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