Sifuna, Babu Condemn Speaker Wetang’ula Over Suspension of MP Kibagendi

Sifuna, Babu Condemn Speaker Wetang’ula Over Suspension of MP Kibagendi

A faction within the Orange Democratic Movement (ODM) has intensified its standoff with National Assembly Speaker Moses Wetang’ula, announcing plans to move to court over the suspension of Kitutu Chache South MP Antony Kibagendi.

Leaders aligned to the “Linda Wananchi” faction, led by Nairobi Senator Edwin Sifuna and Embakasi East MP Babu Owino, condemned the decision by Parliament to suspend Kibagendi for 14 days, terming it unconstitutional and in defiance of a subsisting court order.

Addressing the media at Parliament buildings on Wednesday, April 1, the lawmakers disclosed that they would file a judicial review application under a certificate of urgency to challenge the Speaker’s actions and enforce compliance with court directives.

“As members of the Linda Wananchi, we will file a judicial review application under a certificate of urgency, seeking two extraordinary common law remedies to ensure administrative accountability and uphold legality,” Babu Owino stated.

He further outlined the legal approach they intend to pursue, citing specific remedies aimed at overturning the suspension and compelling adherence to judicial orders.

“We shall seek an order of mandamus to compel the Speaker to obey court orders, and an order of certiorari to quash the decision to further suspend Kibagendi for 14 days,” he added.

The dispute stems from a decision by the National Assembly on Tuesday, March 31, to suspend Kibagendi despite a prior High Court order that had temporarily barred such disciplinary action. The legislator was sanctioned over remarks made during a February television interview, in which he alleged that Parliament had ceded its independence to the Executive.

The motion to suspend Kibagendi was tabled by Majority Leader Kimani Ichung’wah, who argued that the MP’s statements undermined the dignity and integrity of the House. Members of Parliament subsequently adopted the motion unanimously, resulting in Kibagendi’s suspension.

This marks the second time the MP has faced disciplinary action over the same remarks. In February, Speaker Wetang’ula had initially ordered his suspension, describing his comments as reckless and damaging to the institution’s reputation.

“For now, you are excluded from the proceedings of this House, the precincts of Parliament, and committee sittings, including your office in Parliament. Kibagendi, you are now a stranger in the House,” Wetang’ula ruled at the time.

He further directed that the MP remain barred until he issued a formal apology deemed satisfactory by the Clerk of the National Assembly.

“You will be excluded from the sitting of this House until you bring a properly worded apology to the House for bringing the House into disrepute,” the Speaker added.

However, the High Court intervened shortly after the initial suspension, issuing orders that lifted the disciplinary action pending the hearing and determination of a petition challenging its legality. It is this order that the ODM faction now argues has been disregarded by the Speaker and the House.

The unfolding standoff highlights a growing tension between Parliament and the Judiciary over the limits of legislative authority and judicial oversight. Legal experts note that the outcome of the anticipated court application could have significant implications for the balance of power between the two arms of government.

Meanwhile, Sifuna and Owino have framed the matter as a broader constitutional issue, warning that failure to respect court orders could set a dangerous precedent for governance and the rule of law.

As the situation develops, attention will now turn to the courts, where the legality of Kibagendi’s suspension and the conduct of parliamentary leadership are expected to be scrutinized.

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Sifuna, Babu Condemn Speaker Wetang’ula Over Suspension of MP Kibagendi