High Court Dismisses Bid to Bar Speakers Wetang’ula and Kingi From Political Activities Ahead of 2027 Polls

High Court Dismisses Bid to Bar Speakers Wetang’ula and Kingi From Political Activities Ahead of 2027 Polls

NAIROBI, Kenya – The High Court has dismissed a petition seeking to prohibit National Assembly Speaker Moses Wetang’ula and Senate Speaker Amason Kingi from participating in political activities ahead of the 2027 General Election, ruling that the case was brought before the court prematurely.

In a judgment delivered at the Milimani Law Courts on Thursday, July 23, Justice David Mburu held that the petitioners had failed to exhaust the legal mechanisms provided under Kenyan law before moving to court, effectively allowing the two parliamentary Speakers to continue engaging in political events unless a competent statutory body determines otherwise.

The ruling marks a significant legal victory for Wetang’ula and Kingi, who had challenged the petition on jurisdictional grounds while maintaining that they had not violated any constitutional or statutory provisions governing the conduct of public officers.

Court Says Petition Was Premature

Justice Mburu ruled that the petitioners ought to have first lodged a formal complaint with the Ethics and Anti-Corruption Commission (EACC), the institution mandated to investigate alleged violations relating to leadership, integrity and ethical conduct by public officials.

The judge found that the petitioners had failed to demonstrate exceptional circumstances that would justify bypassing the statutory dispute resolution process.

<u>“The petitioners did not exhaust the available legal mechanisms before approaching this court and have not demonstrated sufficient grounds to warrant bypassing the prescribed statutory process,”</u> the court ruled.

The judge consequently upheld a preliminary objection filed by the respondents, concluding that the objection raised a valid legal issue concerning whether the High Court had jurisdiction to hear the matter at that stage.

By upholding the objection, the court declined to proceed with determining the substantive constitutional questions raised in the petition.

No Proof of Constitutional Violations

The petition had accused Wetang’ula and Kingi of violating Chapter Six of the Constitution, the Leadership and Integrity Act, and the Conflict of Interest Act by allegedly participating in partisan political campaigns in support of President William Ruto’s anticipated 2027 re-election bid.

However, Justice Mburu held that the petitioners had failed to establish sufficient evidence showing that the two Speakers had breached the constitutional provisions cited.

The court further declined to issue conservatory orders that would have barred the two leaders from attending political functions or associating with political campaigns while serving as Speakers of Parliament.

The dismissal means both Wetang’ula and Kingi remain free to continue attending public political events unless another competent authority reaches a different conclusion following the appropriate legal process.

Speakers Defended Their Political Rights

During the proceedings, Wetang’ula argued that holding the office of Speaker does not automatically strip him of constitutional rights and freedoms enjoyed by every Kenyan citizen.

His legal team maintained that the petition sought to impose restrictions that lacked a constitutional foundation and that the applicants had not demonstrated any actual harm requiring judicial intervention.

Kingi similarly opposed the application, arguing that the petitioners had failed to prove that the participation of either Speaker in political gatherings amounted to a violation of the law.

Both respondents also challenged the claim that the petition had been filed in the public interest, contending that no evidence had been presented to show that the alleged conduct had undermined Parliament or the Constitution.

Background to the Dispute

The petition arose after several public appearances by Wetang’ula and Kingi between June and July, during which the two leaders were accused of openly mobilising support for President Ruto and the ruling United Democratic Alliance (UDA) ahead of the 2027 elections.

Among the events cited was a political rally in Mandera County earlier this week, where Wetang’ula urged residents to support President Ruto’s re-election bid.

The petitioners argued that, as Speakers of Parliament, the two leaders are expected to remain politically neutral while presiding over legislative business.

They contended that active participation in partisan campaigns undermines the independence and impartiality expected of the offices they occupy.

Related Court Proceedings Continue

The judgment comes just days after the High Court certified as urgent a separate contempt application accusing Wetang’ula and Kingi of allegedly disregarding earlier conservatory orders that had temporarily restrained them from participating in political activities linked to the President’s re-election campaign.

That contempt application remains separate from the petition dismissed on Thursday and is expected to proceed independently before the courts.

Legal analysts say the latest judgment reinforces the long-standing legal principle requiring litigants to first exhaust statutory dispute resolution mechanisms before seeking constitutional remedies from the High Court.

For now, the ruling clears the way for both parliamentary Speakers to continue participating in political engagements, while leaving open the possibility of future action should complaints be formally lodged with the relevant oversight bodies, including the Ethics and Anti-Corruption Commission.

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High Court Dismisses Bid to Bar Speakers Wetang’ula and Kingi From Political Activities Ahead of 2027 Polls