NAIROBI, Kenya — The Linda Wananchi faction of the Orange Democratic Movement has announced plans to take National Assembly Speaker Moses Wetang’ula to court over the Kibagendi suspension, which they term an unconstitutional breach of judicial authority.
Speaking at Parliament buildings on Wednesday, the faction led by Nairobi Senator Edwin Sifuna and Embakasi East MP Babu Owino stated they will file a judicial review application under a certificate of urgency.
The Kibagendi suspension court action seeks to force Wetang’ula to obey court orders issued last week that barred the House from suspending the MP.
“We shall seek an order of mandamus to compel the Speaker to obey court orders, and an order of certiorari to quash the decision to further suspend Kibagendi for 14 days,” Babu stated.
The Kibagendi suspension court challenge centres on the National Assembly’s decision on Tuesday to suspend Kitutu Chache South MP Antony Kibagendi, despite the High Court order barring such action.
Kibagendi Suspension Court Challenge Background
Kibagendi was suspended over comments he made in February during a television interview, in which he claimed Parliament had been handed to the executive and questioned its independence.
The suspension followed a motion by Majority Leader Kimani Ichung’wah, who argued the remarks damaged the dignity and integrity of the House.
This marks the second Kibagendi suspension. On February 17, Wetang’ula excluded him from all parliamentary proceedings, stating: “For now, you are excluded from the proceedings of this house, the precincts of parliament, committee sittings, including your office in parliament. Kibagendi, you are now a stranger in the house.”
The Speaker demanded a “properly worded apology” delivered to the clerk. However, the High Court issued an order two days later lifting the suspension until the matter is fully determined.
The ODM faction argues that the Speaker’s defiance of court orders undermines judicial authority and the rule of law.
