The High Court has temporarily stopped National Assembly Speaker Moses Wetang'ula and Senate Speaker Amason Kingi from using the authority and prestige of their constitutional offices to participate in partisan political campaigns pending the determination of a constitutional petition challenging their conduct.
Justice David Mburu issued the conservatory orders after certifying as urgent a case filed by civil society organisation Vocal Africa, which accuses the two parliamentary leaders of engaging in political mobilisation in a manner that compromises the independence and neutrality of Parliament.
The judge directed that the application be heard on a priority basis and ordered the petitioners to serve all respondents with the court papers by the close of business on July 9.
In the interim, the court restrained the two Speakers from drawing on the influence attached to their offices while taking part in organised political campaigns.
“That pending the inter partes hearing of this application, a conservatory order is hereby issued restraining the 1st and 2nd Respondents... 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,” Justice Mburu ruled.
Vocal Africa argues that Wetang'ula and Kingi have repeatedly appeared at Kenya Kwanza political events, raising constitutional concerns over whether the offices they hold can remain independent while their occupants actively participate in partisan political activities.
The organisation contends that the case is not about denying the Speakers their personal political beliefs but about safeguarding the constitutional integrity of Parliament and ensuring holders of such offices remain institutionally impartial.
According to the petition, State officers occupying constitutional offices are bound by the principles of leadership and integrity under Chapter Six of the Constitution, which require them to exercise their duties in a manner that inspires public confidence. Vocal Africa Chief Executive Officer Hussein Khalid told the court that the proceedings have been brought purely in the public interest.
“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,” Khalid states in his supporting affidavit.
Besides Wetang'ula and Kingi, the petition also names the Independent Electoral and Boundaries Commission, the Ethics and Anti-Corruption Commission and the Attorney General as respondents.
Through the petition, Vocal Africa is seeking declarations defining the constitutional limits of the Speakers' political involvement and a determination on whether participation in organised partisan campaigns while holding those offices violates the Constitution.
The case will be mentioned on July 16, 2026, to confirm compliance with the court's directions and for further case management.
