High Court Bars Wetang’ula, Kingi From Using Constitutional Offices in Political Campaigns
The High Court has issued conservatory orders restraining National Assembly Speaker Moses Wetang’ula and Senate Speaker Amason Kingi from using the authority and influence attached to their constitutional offices in partisan political campaigns pending the hearing and determination of a constitutional petition challenging their political conduct.
Justice David Mburu granted the interim orders after certifying as urgent a petition filed by civil society organisation Vocal Africa. The judge directed that the constitutional petition be heard on a priority basis, citing the weighty constitutional questions raised regarding the independence of Parliament and the conduct of senior State officers.
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The petition alleges that Wetang’ula and Kingi have repeatedly participated in Kenya Kwanza political mobilisation activities in a manner that undermines the institutional neutrality of Parliament. Vocal Africa argues that although every Kenyan enjoys political rights, the offices of Speaker require holders to maintain impartiality while discharging their constitutional responsibilities.
“That pending the interpartes hearing of this application, a conservatory order is hereby issued restraining the 1st and 2nd Respondents (Wetang’ula and Kingi), while serving as the Speaker of the National Assembly and the Speaker of the Senate respectively, from using, invoking, relying upon or benefiting from the authority, prestige, dignity, influence or incidents of their constitutional offices in the organisation, promotion, endorsement, leadership or conduct of organised partisan political campaigns in support of or opposition to any political party, political coalition or political candidate,” the judge ruled.
Court Orders Seek to Preserve Parliamentary Neutrality
The conservatory orders will remain in force until the application is heard and determined. Such orders are designed to preserve the status quo while the court considers constitutional issues without making a final determination on the merits of the case.
Justice Mburu also directed that all respondents be physically served with the petition and the accompanying application by the close of business on July 9. The court further ordered that the matter be prioritised because of its constitutional significance and the public interest questions it raises.
At the heart of the petition is whether the Speakers of the National Assembly and Senate can actively participate in organised partisan political campaigns while occupying constitutional offices expected to remain institutionally independent.
According to Vocal Africa, the petition does not seek to deny the two Speakers their individual political opinions. Instead, it argues that the authority, prestige and influence attached to the offices they occupy should not be used to promote or oppose political parties, coalitions or candidates.
The organisation contends that the alleged conduct raises fundamental constitutional questions concerning the separation of powers, parliamentary independence and the obligations imposed on State officers under Chapter Six of the Constitution on Leadership and Integrity.
It further argues that preserving public confidence in Parliament requires its presiding officers to remain impartial and avoid conduct that may create the perception that the institution itself has aligned with a particular political formation.
Petition Seeks Constitutional Interpretation
Besides Wetang’ula and Kingi, the petition names the Independent Electoral and Boundaries Commission (IEBC), the Ethics and Anti-Corruption Commission (EACC) and the Attorney General as respondents.
Vocal Africa is seeking declarations clarifying the constitutional obligations attached to the offices of Speaker and wants the High Court to determine whether continued participation in partisan political campaigns while serving in those positions violates the Constitution.
In an affidavit filed in support of the petition, Vocal Africa Chief Executive Officer Hussein Khalid maintains that the case has been brought solely to safeguard constitutional governance and not to advance any political interests.
“That this Petition is brought solely in public interest and not for the advancement of any political party, candidate, coalition or private interest whatsoever. Neither the Petitioner nor I stand to derive any personal, financial or political benefit from the outcome of these proceedings,” states Vocal Africa CEO Hussein Khalid in his affidavit.
The petitioner argues that the case presents an opportunity for the High Court to clarify the constitutional limits applicable to parliamentary Speakers and other holders of offices that demand neutrality and institutional independence.
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The court has not made any findings on the allegations contained in the petition. The conservatory orders are temporary measures intended to preserve the constitutional questions raised until all parties are heard.
The matter is scheduled for mention on July 16, 2026, when the High Court will confirm compliance with its directions on service and issue further directions on the hearing of the petition. The case is expected to provide important judicial guidance on the extent to which parliamentary Speakers may participate in partisan political activities while serving in constitutional office.
