The High Court has issued conservatory orders restraining National Assembly Speaker Moses Wetang’ula and Senate Speaker Amason Kingi from using the authority attached to their constitutional offices to advance partisan political campaigns pending the hearing of a petition challenging their political activities.
Justice David Mburu issued the interim orders on Wednesday after certifying as urgent a constitutional petition filed by human rights organization Vocal Africa.
The central argument presented by the lobby group is that the political involvement of these two key legislative leaders constitutes an alleged breach of constitutional principles requiring holders of the office of Speaker to uphold impartiality.
The petition specifically details the political actions of the respondents. It states that the two speakers have repeatedly participated in what it describes as “Kenya Kwanza political mobilisation activities.”
Vocal Africa contends that by aligning themselves with the ruling coalition during public rallies and political strategy sessions, Wetang’ula and Kingi are compromising the integrity of the legislature.
The petitioners argue that the participation of state officers in political activities risks blurring the distinction between official duties and partisan campaigning.
To prevent further potential violations while the case is being determined, the petitioners sought immediate conservatory orders. The High Court reviewed the application and determined that an interim intervention was necessary to preserve the subject matter of the petition pending determination.
Consequently, the court issued a directive against the two officials. In the interim ruling, the court explicitly restrained the two speakers from “drawing on the influence attached to their offices” while taking part in organized political campaigns.
Justice Mburu 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 inter partes 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.
The interim orders will remain active until the High Court conducts a full hearing and delivers a final judgment on whether parliamentary speakers are legally permitted to campaign for their political factions.
– By Otieno Bildad
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