Nairobi Senator Edwin Sifuna has criticised the suspension of Kitutu Chache South MP, Anthony Kibagendi terming it unlawful and a violation of court orders.
Speaking during a media briefing on Wednesday, he argued Parliament cannot regulate members’ speech outside its precincts and warned that continued actions undermine the rule of law and constitutional values in Kenya.
“Outside the precincts of Parliament, it is not possible for us,(Linda Mwananchi leaders) to police utterances of members of the National Assembly or even the Senate, at media houses, at funerals, at baby showers,” he said.
He argued that any attempt to regulate what legislators say in private or public spaces beyond Parliament is misguided.
“It is preposterous for anybody to imagine that what I say in my bedroom is also subject to the Powers and Privileges Act. It is just a preposterous position of the law,” he added.
The senator’s remarks come amid a dispute involving the suspension of Kibagendi, which he claimed was both illegal and unconstitutional.
According to Sifuna, the initial decision to suspend the lawmaker was flawed, prompting legal action.
“So the initial decision, of course, was unlawful and illegal, and after that decision was made, Kibagendi took the matter to court as a believer in the rule of law,” he said.
He noted that the courts had since intervened in the matter, issuing orders in favour of the legislator.
“The court has made a decision that Kibagendi should be allowed back in Parliament,” he stated.
However, Sifuna alleged that despite the court ruling, further action was taken against the MP in defiance of the law.
“When he comes back to Parliament to serve the people, another illegal decision is made, suspended from the House in disobedience of the orders of the court for another 14 days,” he said.
The Senator's remarks comes amid Kibagendi first suspended from Parliament in February 2026 after making controversial remarks during a television interview in which he claimed the National Assembly had been “auctioned” and accused its leadership of undermining the institution’s integrity.
The suspension, imposed by Speaker Moses Wetangula, barred him from the House and committees, citing disorderly conduct and bringing Parliament into disrepute.
Kibagendi moved to the High Court challenging the decision as unconstitutional and lacking due process.
In March 2026, Justice Bahati Mwamuye reinstated him, issuing orders allowing him to resume duties and barring further disciplinary action pending the case hearing.
Despite this, MPs later voted to suspend him again for 14 days over the same remarks, raising a constitutional dispute over separation of powers and compliance with court orders.
Nairobi Senator framed the issue as part of a broader concern about adherence to constitutional principles and governance standards in the country.
“We are a country that is supposed to be governed by law,” he said, emphasising the importance of respecting judicial decisions and constitutional values.
He added that the rule of law remains a fundamental pillar of any functioning society.
“This is the reason why we keep insisting that the values under our Constitution, in the preambles, including the rule of law, are the underpinning of any functional society,” he said.
Sifuna also stressed that development alone cannot substitute for adherence to legal and constitutional norms.
“It is not about roads and bridges and railways, those ones everybody can build,” he said, suggesting that governance must go beyond infrastructure development.
In his remarks, the senator further condemned what he described as harassment and intimidation of political leaders allied to his camp.
“We want to condemn in the strongest terms possible the continued harassment and intimidation of members of this team, and especially Kibagendi,” he said.
He maintained that the treatment of the MP raises concerns about fairness and the protection of elected leaders in the discharge of their duties.
Sifuna also referenced Embakasi East MP, Babu Owino's track record, noting development efforts in his constituency.
“If you go to his constituency,(Embakasi East), he has built a lot of classrooms for schools and other things,” he said.
The senator’s comments highlight escalating tensions over parliamentary authority, judicial decisions, and political freedoms in Kenya.
The dispute raises questions about the balance between legislative discipline and constitutional rights, particularly regarding freedom of expression and adherence to court rulings.
As the matter continues to draw attention, it reaffirms the ongoing debate over governance, accountability, and the rule of law in the country.
