NAIROBI, Kenya— National Assembly Speaker Moses Wetang’ula and Senate Speaker Amason Kingi have opposed a High Court application seeking to stop them from engaging in political activities, arguing that the case is premature, politically motivated and filed before the wrong forum.
Appearing before Justice David Mburu, lawyers representing the two Speakers urged the court to dismiss the application, saying the petitioners failed to exhaust available dispute resolution mechanisms before moving to the High Court.
Counsel Milimo argued that the matter should first have been referred to the Ethics and Anti-Corruption Commission (EACC), Parliament’s internal disciplinary mechanisms, or other dispute resolution processes provided under the National Assembly and Senate Standing Orders.
He submitted that the Constitution requires parties to pursue available legal remedies before invoking the jurisdiction of the High Court.
The defence further told the court that the issues raised in the petition are already the subject of six pending appeals before the Court of Appeal, including questions surrounding whether the Speakers of Parliament can simultaneously hold other public offices.
According to the respondents, allowing the petition to proceed before those appeals are determined could result in conflicting judicial decisions.
“The best course is for this court to await the determination of the Court of Appeal. A contrary finding would create an embarrassing conflict with the appellate court,” Milimo submitted.
The lawyers also challenged newspaper reports and media articles annexed to the petition, arguing they constitute inadmissible evidence and cannot form the basis for granting conservatory orders.
On the substantive issues, the respondents maintained that constitutional restrictions on political activities apply only to appointed State officers and not elected leaders.
They argued that both Wetang’ula and Kingi were elected into their current offices and therefore retain the political rights guaranteed under Article 38 of the Constitution.
Milimo further submitted that Wetang’ula, who also serves as the leader of Ford Kenya and Chairperson of the Parliamentary Service Commission, cannot lawfully be barred from participating in political activities, saying such restrictions would unjustifiably infringe on his constitutional rights.
The respondents also argued that the petitioners had failed to establish a prima facie case or demonstrate imminent harm that would justify conservatory orders.
“There is nothing urgent to preserve. This is pure politics. The orders sought are intended to gag the Speakers from engaging with the public and expressing their political views,” Milimo argued.
Another lawyer representing the Speakers urged the court not to become an arena for resolving political disagreements.
“This court cannot be converted into a prefect of politics. If the petitioners disagree with the Speakers’ political ideology, their remedy lies in the political arena, not in court,” counsel submitted.
However, the petitioners strongly opposed the application.
Lawyer Ian Mutiso argued that both Speakers had openly participated in political campaigns, conduct he said undermines constitutional principles of separation of powers, leadership and integrity.
He submitted that the petition raises significant constitutional questions regarding whether holders of the offices of Speaker of the National Assembly and Speaker of the Senate are required to remain politically neutral while serving in office.
Mutiso urged the court to preserve the conservatory orders, arguing they are necessary to safeguard constitutional governance pending the hearing and determination of the petition.
He also cited guidance issued by the Commission on Administrative Justice regarding political neutrality among public office holders, arguing that any Speaker wishing to actively participate in partisan politics should first resign.
Lawyer Abner Mango similarly opposed the application, saying the conservatory orders were directed personally at the office holders and must remain in force unless formally set aside by the court.
He argued that the offices of the two Speakers wield significant constitutional authority and that active involvement in partisan politics threatens the doctrine of separation of powers.
Mango further submitted that the application seeking to suspend the conservatory orders is legally defective and that parties must first comply with existing court orders before seeking further relief.
Justice David Mburu said he would issue directions after considering submissions from all parties.