The High Court has struck out a petition seeking to bar National Assembly Speaker Moses Wetang’ula and Senate Speaker Amason Kingi from participating in alleged political activities.
In a ruling delivered at the Milimani Law Courts on Thursday, July 23, Justice David Mburu found that the petition had been filed prematurely because the petitioners had not exhausted the legal mechanisms available under Kenyan law before moving to court.
The petitioner argued that the two Speakers had violated constitutional provisions by allegedly engaging in political activities while holding their respective offices.
Court Rules Petition Was Filed Prematurely
Justice Mburu upheld the respondents’ preliminary objections, finding that the petitioners had failed to first pursue the remedies provided under the Leadership and Integrity Act.
According to the judge, the petitioners did not lodge a complaint with the Ethics and Anti-Corruption Commission (EACC) regarding the alleged breach of Chapter Six of the Constitution before approaching the High Court.
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The respondents had argued that the case was not ripe for determination because the petitioners had bypassed the statutory dispute resolution process. Justice Mburu agreed, describing the issue as a pure point of law that qualified as a proper preliminary objection.
The judge held that the doctrine of exhaustion applied in the matter and noted that the petitioners had not demonstrated any exceptional circumstances that would justify bypassing the available administrative mechanisms.
He further observed that the petitioners had not presented evidence to show that they would not receive adequate hearing before the relevant statutory bodies if they pursued those channels first.
Court Finds No Evidence of Integrity Law Violations
The court found that the petitioners had failed to demonstrate how the two Speakers had breached the Constitution or relevant integrity laws.
Justice Mburu held that no sufficient evidence had been presented to establish that Wetang’ula or Kingi had violated Chapter Six of the Constitution, the Leadership and Integrity Act, or the Conflict-of-Interest Act through their alleged political activities.
Because the preliminary objections succeeded, the court said it was unnecessary to consider the application for conservatory orders that sought to immediately restrain the two Speakers from attending political events.
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Wetang’ula Defends Right to Participate as a Citizen
In documents filed before the court, National Assembly Speaker Moses Wetang’ula opposed the petition and challenged the application seeking conservatory orders against him.
In his affidavit, he maintained that the petition improperly sought relief against him both as a constitutional office holder and as a private citizen without distinguishing between the two capacities.
“It is apparent that the Petitioners seeks relief against the respondent (Speaker) as an individual citizen and as a holder of a Constitutional office as Speaker … to the extent that the Petition is directed against the respondent in his personal capacity,” read Wetang’ula’s affidavit.
He further argued that, like every Kenyan citizen, he enjoys the constitutional rights and fundamental freedoms guaranteed under the Constitution and that holding the office of Speaker does not automatically strip him of those rights.
The respondents also stated that the petitioners had failed to demonstrate how granting the conservatory orders would serve the public interest or prevent any prejudice.
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