A constitutional petition has been filed at the Milimani Law Courts seeking to prevent National Assembly Speaker Moses Wetang’ula and Senate Speaker Amason Kingi from taking part in partisan political campaigns while serving in their constitutional positions.
The petition, lodged by Vocal Africa through advocate Ian Mutiso Mbotela, accuses the two parliamentary leaders of violating the Constitution and several laws by using the authority and influence of their offices to campaign for President William Ruto’s re-election and promote the Kenya Kwanza coalition.
According to the court documents, Wetang’ula attended a series of political events between June and July where he allegedly urged Kenyans to support the Kenya Kwanza administration and President Ruto’s 2027 re-election bid.
Among the events cited is a rally held in Likoni, Mombasa County, where he is said to have appealed to supporters to back the ruling coalition. The petition also references a public function at Emusire High School in Emuhaya Constituency, where Wetang’ula allegedly encouraged residents to register as voters and vote for President Ruto in the next General Election.
The petitioner further points to a July 3 rally at Silverline Grounds in Eldoret, described as the launch of the “Tutam” campaign, where Wetang’ula allegedly declared the beginning of Kenya Kwanza’s nationwide campaign activities and called on Kenyans to rally behind the President.
Kingi is also accused of actively participating in political mobilisation meetings organised by the United Democratic Alliance (UDA). The petition cites a gathering at Burhani Grounds in Mombasa, where he allegedly endorsed grassroots campaigns in support of the Kenya Kwanza coalition. It further claims that he continued attending similar political meetings across the Coast region during June and July to mobilise support for President Ruto’s re-election.
The petitioner argues that although the Speakers have a constitutional right to hold personal political views, they are required to exercise restraint while occupying offices that demand impartiality. It contends that using the prestige and authority of the Speaker’s office to advance partisan political interests undermines the independence of Parliament and compromises its constitutional responsibility to oversee the Executive.
The petition asks the court to declare that the actions of the two Speakers 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.
It also seeks permanent orders barring Wetang’ula and Kingi from leading, organising, addressing, endorsing or participating in partisan political campaigns for as long as they remain Speakers of Parliament. In addition, the petitioner wants the court to prohibit them from using parliamentary facilities, official security personnel, government vehicles, staff or any other public resources for political mobilisation.
The petition further seeks orders directing the Ethics and Anti-Corruption Commission (EACC) to investigate the alleged misconduct and submit its findings to the court within 60 days. It also asks the Independent Electoral and Boundaries Commission (IEBC) to determine whether the alleged actions breached electoral laws and file a report before the court.
