National Assembly Speaker Moses Wetang'ula and his Senate counterpart Amason Kingi are battling a landmark constitutional petition over their participation in President William Ruto's 2027 re-election campaign.
The High Court has temporarily barred them from using the authority of their offices in partisan political campaigns pending determination of the case that could redefine the political limits of their constitutional offices ahead of the 2027 elections.
The petition, filed by civil society group Vocal Africa, argues their campaigning for President Ruto undermines Parliament's constitutional independence.
The court certified the case urgent and issued conservatory orders restraining the two Speakers, pending an inter partes hearing, from "using, invoking, relying upon or benefiting from the authority, prestige, dignity, influence or incidents of their constitutional offices" in organising, promoting, endorsing or leading partisan political campaigns.
The judge directed the respondents to file their responses within three working days and scheduled the matter for mention on July 16.
Vocal Africa sued Mr Wetang'ula, Mr Kingi, the Independent Electoral and Boundaries Commission (IEBC), the Ethics and Anti-Corruption Commission (EACC) and the Attorney General, saying the dispute goes beyond ordinary politics and concerns Parliament's constitutional role as an independent arm of government.
"The Constitution created a Parliament that would stand beside the Executive and not behind it. It entrusted the Speakers of Parliament with constitutional authority, not partisan advantage; with institutional stewardship, not electoral mobilisation," the petition states.
The organisation argues the case is not intended to determine political contests or limit political rights. Instead, they say the case is intended to resolve whether the holders of the offices of Speaker of the National Assembly and Speaker of the Senate can actively campaign for a presidential candidate while continuing to exercise constitutional authority over Parliament.
According to the petition, Mr Wetang'ula attended political events in Likoni, Emuhaya and Eldoret between June and early July where he allegedly urged support for Dr Ruto's re-election and Kenya Kwanza's political programme.
It also accuses Mr Kingi of participating in political mobilisation meetings in Mombasa and across the Coast region while serving as Speaker of the Senate.
Vocal Africa contends the conduct creates "a continuing conflict between their constitutional responsibilities as presiding officers of Parliament and their partisan political activities."
It further argues that the actions have "diminished public confidence in the institutional independence of Parliament and blurred the constitutional distinction between the Legislature and the Executive."
The petition says Parliament exercises legislative authority on behalf of Kenyans and oversees the Executive through legislation, budget approval, scrutiny of appointments and accountability mechanisms.
It argues those constitutional functions depend on public confidence that Parliament acts independently of the Executive whose actions it is required to scrutinize.
"The constitutional authority of Parliament cannot meaningfully be exercised where the constitutional officers entrusted with presiding over both Houses publicly assume the role of campaign leaders, political mobilisers or advocates for the re-election of the very Executive over which Parliament exercises constitutional oversight," the petition says.
"The Petition does not contend that the respondents have forfeited their personal political beliefs," it says.
"Rather, the Constitution prohibits State officers occupying constitutional offices from using the authority, prestige, institutional influence or incidents of those offices in a manner that compromises Parliament's independence,” it adds.
Besides permanent injunctions, Vocal Africa is asking the court to declare that the Speakers' alleged conduct violates constitutional principles on leadership, integrity and public trust.
It also wants the court to direct IEBC and EACC to investigate the issues raised in the case and report back to the court.
