NAIROBI, Kenya- The High Court has dismissed a petition seeking to bar National Assembly Speaker Moses Wetang’ula and Senate Speaker Amason Kingi from participating in political activities, ruling that the case was filed prematurely.
In a judgment delivered at the Milimani Law Courts, Justice David Mburu struck out the petition filed by Vocal Africa, finding that the petitioners had failed to exhaust the legal mechanisms available under the law before moving to court.
The judge held that the petitioners had not first lodged a complaint with the Ethics and Anti-Corruption Commission (EACC) over the alleged violation of Chapter Six of the Constitution, as required under the Leadership and Integrity Act.
Justice Mburu upheld preliminary objections raised by the respondents, agreeing that the case offended the doctrine of exhaustion, which requires litigants to first pursue available statutory remedies before seeking judicial intervention.
“The petitioners have not demonstrated that they lacked an adequate audience before the relevant administrative bodies or that there was any exception to the doctrine of exhaustion,” the court ruled.
The court further found that the petitioners had failed to provide sufficient evidence showing that Wetang’ula and Kingi had breached Chapter Six of the Constitution, the Leadership and Integrity Act, or the Conflict of Interest Act through their alleged political activities.
As a result, Justice Mburu declined to consider the application for conservatory orders that sought to bar the two Speakers from attending or being represented at what the petitioners described as partisan political events.
Wetang’ula Defended His Constitutional Rights
In court filings, Wetang’ula argued that the petition was misconceived because it failed to distinguish between his actions as an individual citizen and his constitutional role as Speaker of the National Assembly.
The Speaker, who also chairs the Parliamentary Service Commission (PSC), maintained that the petitioners had not acted in good faith and had not demonstrated how the public interest would be served by the orders they sought.
Wetang’ula argued that, like every Kenyan citizen, he is entitled to enjoy the rights and freedoms guaranteed under the Constitution, provided they are exercised within the law.
He further contended that the petition improperly sought relief against him in both his personal and official capacities without clearly distinguishing between the two.
Petition Struck Out
Having found merit in the preliminary objections, Justice Mburu struck out the petition in its entirety, holding that the petitioners had failed to exhaust the statutory dispute-resolution mechanisms provided under the Leadership and Integrity Act.
The Ethics and Anti-Corruption Commission (EACC) had been named among the respondents in the case alongside the two Speakers.
The ruling leaves Wetang’ula and Kingi free to continue participating in political activities unless and until any future legal challenge is brought after the prescribed statutory procedures have been followed.