A fresh legal battle is brewing at the Milimani Law Courts after a petition was filed seeking to stop National Assembly Speaker Moses Wetang'ula and Senate Speaker Amason Kingi from engaging in partisan political campaigns while holding their constitutional offices.
The petition, lodged by Vocal Africa through lawyer Ian Mutiso Mbotela, argues that the two Speakers have violated the Constitution and various statutes by using their official positions to campaign for President William Ruto's re-election and promote the Kenya Kwanza coalition.
According to court documents, Wetang'ula is accused of participating in several political events between June and July this year. These include 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 cites his attendance at a public function at Emusire High School in Emuhaya Constituency, where he is said to have encouraged residents to register as voters and support the President's re-election.
The Speaker is further accused of attending a July 3 rally at Silverline Grounds in Eldoret, described as the launch of the "Tutam" campaign, where he allegedly made announcements in support of the ruling coalition.
On the other hand, Kingi is accused 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 Kenya Kwanza.
The petition claims he continued attending political meetings across the Coast region in June and July to campaign for President Ruto's re-election.
Vocal Africa argues 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.
The organisation contends that their conduct compromises Parliament's institutional independence and creates a conflict with its constitutional oversight role over the Executive.
The petition seeks 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 is also seeking 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.
Additionally, the petition asks 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.
The case now awaits a hearing date as Kenyans watch closely to see whether the courts will rein in the Speakers' political activities.
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