NAIROBI, Kenya – The High Court has issued conservatory orders temporarily barring National Assembly Speaker Moses Wetang’ula and Senate Speaker Amason Kingi from using the authority and influence of their constitutional offices to participate in partisan political campaigns.
Justice David Mburu issued the orders on Wednesday after certifying as urgent a constitutional petition filed by civil society organisation Vocal Africa, which accuses the two parliamentary leaders of engaging in political mobilisation that compromises the independence of Parliament.
The court ruled that, pending the hearing of the application, Wetang’ula and Kingi must not use the prestige, authority, dignity or influence attached to their offices to organise, promote, endorse, lead or conduct organised partisan political campaigns in support of or against any political party, coalition or candidate.
“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.
The judge directed that the petition and accompanying application be heard on a priority basis and ordered all respondents to be served physically by the close of business on July 9.
In its petition, Vocal Africa argues that the repeated participation of the two Speakers in Kenya Kwanza political activities raises constitutional concerns over the neutrality and institutional independence of Parliament.
The lobby group maintains that although all Kenyans are entitled to hold political opinions and participate in political life, the offices of the Speaker of the National Assembly and the Speaker of the Senate demand impartiality and adherence to constitutional principles.
Vocal Africa further argues that the case is not about the personal political beliefs of Wetang’ula and Kingi but whether they can lawfully use the authority associated with their constitutional offices to advance partisan political interests.
In an affidavit filed before the court, Vocal Africa Chief Executive Officer Hussein Khalid said the petition had been filed 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 stated.
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.
The petition seeks declarations clarifying the constitutional obligations attached to the offices of the two Speakers and asks the court to determine whether continued participation in partisan political campaigns while holding those offices violates the Constitution.
The matter is scheduled for mention on July 16, 2026, when the court will confirm compliance with its directions and issue further orders on the case.