Speakers Moses Wetangula and Amason Kingi /PARLIAMENT
The High Court has issued conservatory orders barring National Assembly Speaker Moses Wetang'ula and Senate Speaker Amason Kingi from using the authority and influence of their constitutional offices in partisan political campaigns pending the hearing of a petition challenging their political activities.
Justice David Mburu issued the interim orders after certifying as urgent a constitutional petition filed by lobby group Vocal Africa.
The petition argues that the two Speakers have allegedly repeatedly participated in Kenya Kwanza political mobilisation activities in a manner that undermines the institutional independence of Parliament.
In the orders issued on Wednesday, the judge directed that the petition and the accompanying application be heard on a priority basis and ordered that all respondents be served physically by the close of business on July 9.
“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.
In its petition, Vocal Africa alleges that the participation in political rallies and campaign events raises serious constitutional questions regarding the independence of Parliament and the obligations imposed on State officers under Chapter Six of the Constitution.
The organisation maintains that while every Kenyan is entitled to hold political opinions and participate in political life, the Speakers occupy constitutional offices that require impartiality and institutional independence.
Vocal Africa argues that the issue before the court is not the personal political opinions of the two Speakers but the alleged use of the authority of their offices in organised partisan political mobilisation.
“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.
Besides the two speakers, the petition names the Independent Electoral and Boundaries Commission (IEBC), the Ethics and Anti-Corruption Commission (EACC), and the Attorney General as respondents.
The lobby group is seeking declarations clarifying the constitutional obligations attached to the offices of Speaker and wants the court to determine whether continued participation in partisan political campaigns while occupying those offices violates the Constitution.
The matter will be mentioned on July 16, 2026 to confirm
compliance with the court's directions and to issue further directions on the
case.
