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Petition filed to bar Wetang’ula, Kingi from partisan politics while serving as Speakers

According to the petitioner, the case is not aimed at limiting the political rights of the two Speakers but rather protecting the institutional integrity and independence of Parliament.

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Petition filed to bar Wetang’ula, Kingi from partisan politics while serving as Speakers

A civil society organisation has moved to the High Court seeking to bar National Assembly Speaker Moses Wetang’ula and Senate Speaker Amason Kingi from participating in partisan political campaigns, arguing that their involvement compromises the constitutional independence and impartiality of Parliament.

In a constitutional petition filed before the Constitutional and Human Rights Division of the High Court, Vocal Africa contends that the two Speakers have failed to uphold the neutrality expected of their offices by actively campaigning for the Kenya Kwanza administration ahead of the 2027 General Election.

The lobby group argues that Parliament is constitutionally mandated to provide oversight over the Executive and that the Speakers’ participation in partisan politics creates a direct conflict between their official responsibilities and political interests.

“The Constitution created a Parliament that would stand beside the Executive and not behind it,” the petition states.

According to the petitioner, the case is not aimed at limiting the political rights of the two Speakers but rather protecting the institutional integrity and independence of Parliament.

“This Petition does not seek to regulate electoral competition or restrict political rights. Rather, it raises the constitutional question whether the holders of the offices of Speaker of the National Assembly and Speaker of the Senate may, while continuing to occupy those constitutional offices, actively participate in partisan political campaigns without violating the Constitution,” the court papers read.

Vocal Africa claims that Wetang’ula has attended several Kenya Kwanza political rallies between June and July, where he allegedly urged Kenyans to support President William Ruto for a second term in office during the 2027 General Election.

The petition cites political events held in Likoni, Emuhaya and Eldoret, where Wetang’ula is said to have addressed supporters and encouraged political mobilisation in favour of the ruling coalition.

The organisation also accuses Kingi of taking part in political mobilisation meetings organised by Kenya Kwanza and publicly urging residents of the Coast region to back President Ruto’s re-election bid.

“The Respondents have created an objective and continuing conflict between their constitutional responsibilities as presiding officers of Parliament and their partisan political activities,” the petition states.

Vocal Africa argues that continued participation by the two Speakers in political campaigns risks weakening public confidence in Parliament and undermining the constitutional separation between the Legislature and the Executive.

The petition asks the High Court to declare that the conduct of Wetang’ula and Kingi violates Articles 10, 73, 75, 94, 95, 96 and 232 of the Constitution. It also alleges breaches of the Leadership and Integrity Act, the Public Officer Ethics Act and the Election Offences Act.

Among the orders sought, the petitioner wants the court to issue permanent injunctions preventing the two Speakers from leading, organising, officiating at, endorsing or addressing partisan political campaigns for as long as they remain in office.

Vocal Africa is also seeking orders directing the Independent Electoral and Boundaries Commission and the Ethics and Anti-Corruption Commission to investigate the alleged constitutional and legal violations and submit their findings before the court.

The petition now places before the High Court a constitutional question on whether the holders of the offices of Speaker of the National Assembly and Speaker of the Senate can actively engage in partisan political campaigns while continuing to discharge their constitutional duties as impartial presiding officers of Parliament.

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