The High Court issued conservatory orders barring National Assembly Speaker Moses Wetang’ula and Senate Speaker Amason Kingi from using the authority and influence of their constitutional offices in partisan political campaigns pending the hearing of a petition challenging their political activities. Justice David Mburu issued the interim orders Thursday after certifying as urgent a constitutional petition filed by lobby group Vocal Africa.
The petition argued that the two Speakers have allegedly repeatedly participated in Kenya Kwanza political mobilisation activities in a manner that undermines the institutional independence of
Parliament.
In the orders issued on Wednesday, the judge directed that the petition and the accompanying application be heard on a priority basis and ordered that all respondents be served physically by the close of business on July 9.
“That pending the interpartes hearing of this application, a conservatory order is hereby issued restraining the 1st and 2nd Respondents (Wetang’ula and Kingi), while serving as the Speaker of the National Assembly and the Speaker of the Senate respectively, 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 in support of or opposition to any political party, political coalition or political candidate,” the judge ruled.
In its petition, Vocal Africa alleged that the participation in political rallies and campaign events raises serious constitutional questions regarding the independence of Parliament and the obligations imposed on State officers under Chapter Six of the Constitution.
The lobby group sought declarations clarifying the constitutional obligations attached to the offices of Speaker and wants the court to determine whether continued participation in partisan political campaigns while occupying those offices violates the Constitution.
The matter will be mentioned on July 16, 2026 to confirm compliance with the court’s directions and to issue further directions on the case.
The constitutional petition, filed through lawyer Ian Mutiso Mbotela, argued that the two Speakers have breached the Constitution and various statutes by using the authority, prestige and influence of their offices to campaign for President William Ruto’s re-election and promote the Kenya Kwanza coalition.
According to the petition, Wetang’ula participated in several political events between June and July this year, including a rally in Likoni, Mombasa County, where he allegedly urged supporters to back the Kenya Kwanza administration and President Ruto’s 2027 re-election bid.
The petition also cited his attendance at a public function at Emusire High School in Emuhaya Constituency, where he is alleged to have encouraged residents to register as voters and support the President’s re-election.
It further referenced a July 3 rally at Silverline Grounds in Eldoret, described as the launch of the “Tutam” campaign, where Wetang’ula allegedly announced the start of Kenya Kwanza’s nationwide campaigns and urged Kenyans to support President Ruto.
The petitioner further accuses Kingi of participating in political mobilisation meetings organised by the United Democratic Alliance, including a gathering at Burhani Grounds in Mombasa, where he allegedly endorsed grassroots mobilisation in support of the Kenya Kwanza coalition.
The petition also claimed he continued attending political meetings across the Coast region in June and July to campaign for President Ruto’s re-election.
Vocal Africa argued that while the Speakers are entitled to their personal political beliefs, they cannot use the authority and prestige attached to their constitutional offices to engage in partisan political campaigns.
It contends that their conduct compromises Parliament’s institutional independence and creates a conflict with its constitutional oversight role over the Executive.
The petition sought declarations that the Speakers’ actions violate Articles 10, 73, 75, 94, 95, 96 and 232 of the Constitution, as well as the Leadership and Integrity Act, the Public Officer Ethics Act, the Election Offences Act and the Election Campaign Financing Act.
The petitioner sought permanent orders restraining the two Speakers from leading, organising, addressing, endorsing or participating in partisan political campaigns while holding office, and barring them from using parliamentary facilities, official security, transport, staff or other public resources for political mobilisation.
Further, the petition asked the court to direct the Ethics and Anti-Corruption Commission to investigate the alleged misconduct and file a report within 60 days, while requiring the Independent Electoral and Boundaries Commission to examine whether the conduct violates electoral laws and report its findings to the court.
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