Why MPs want Speaker Wetang’ula sent to jail
National Assembly Speaker Moses Wetang’ula.
National Assembly Speaker Moses Wetang’ula is facing civil contempt proceedings after opposition MPs moved to initiate legal action against him.
This is after he ignored a court order to freeze his decision to indefinitely suspend Kitutu Chache South MP Anthony Kibagendi from the House.
In a scathing rebuke, MPs allied to Linda Mwananchi — an informal grouping of ODM MPs led by Senators Edwin Sifuna (Nairobi) and Godfrey Osotsi (Vihiga), as well as MPs Caroli Omondi (Suba South) and Babu Owino (Embakasi East) — vowed to hold Speaker Wetang’ula personally liable.
The legislators, who also included Makueni Senator Dan Maanzo and National Assembly members Joshua Kimilu (Kaiti) and Obadia Barongo (Bomachoge Borabu), argued that Speaker Wetang’ula’s refusal to reinstate Mr Kibagendi is a direct assault on the rule of law and an attempt to turn the National Assembly into a partisan shield for the executive.
“That decision by the National Assembly Speaker is illegal, unconstitutional, and we will be pushing through the courts for contempt proceedings to be initiated against him for the disobedience of the court order,” said Senator Sifuna.
According to Senator Sifuna, “the only problem with Kibagendi is that he has stayed on business on matters of corruption at Social Health Authority (SHA) and they want to kill that voice in parliament because they know that is where people sent us to represent them.”
“If we are asking questions about corruption in SHA, whether it is working or not, that is our responsibility as people’s representatives. For any person to try to victimize MPs for just doing their jobs is something that has to be condemned.”
Mr Kibagendi, who has been vocal about the mismanagement and abuse of public funds at SHA, sought refuge in the High Court.
Speaker Wetang’ula on February 17, 2026, without affording him the cardinal right to be heard after he questioned parliament’s independence by saying that it has become an “auction House” during a live interview on TV in one of its morning shows.
The MP’s pronouncements seem to have unsettled Speaker Wetang’ula to the core, and, on the material day, Laikipia North MP Sarah Korere sought the Speaker’s guidance to have the MP punished.
Without allowing him to be heard, Speaker Wetang’ula, who also appeared to debate the matter from the chair, sent Mr Kibagendi packing indefinitely until he apologizes “to the House” through the Clerk.
“I am not going to invite the member to explain himself because I saw with my own eyes and heard it with my ears,” ruled Speaker Wetang’ula.
“You will be excluded from the sittings of this House until you bring a properly worded apology. You will not bring it to me, because I am used to being insulted, but to the House for bringing disrepute to it,” the Speaker said.
He directed that “that apology should be delivered to the Clerk” and that “it will be looked at carefully and if the wording is acceptable, it will be brought to the House and you will be allowed to come back to the House.”
“For now, Kibagendi, you are excluded from the proceedings of this House, the precincts of parliament and committee sittings, including your office in parliament.”
Following the decision, Mr Kibagendi sought refuge from the court, and on March 19, 2026, the High Court temporarily suspended Speaker Wetang’ula’s decision to indefinitely bar the MP from parliament as it reinstated him to full duties pending the determination of his petition.
The court effectively restored the MP’s privileges to the full discharge of his duties as a representative of the people.
The indefinite suspension locked Mr Kibagendi out of House sittings and those of its committees, raising the risk of losing his parliamentary seat under Article 103 of the constitution, if a prolonged absence of at least six months was realized.
In granting the court orders, the High Court held that the doctrine of separation of powers does not shield parliament from judicial scrutiny; instead, the court said, it is required of the court to act and intervene with restraint while still exercising its mandate.
“The doctrine of separation of powers and constitutional independence of branches of government only operates to require that the High Court exercises greater care and apply a higher standard when it is called upon to inquire into the internal operations of the other branches of government,” ruled the court.
However, when Mr Kibagendi came to the House on March 31, 2026, armed with the conservatory order to serve the Speaker and the House, he was prevented by Homa Bay Town MP Peter Kaluma, the temporary Speaker at the time.
“The decision whether or not a member is named is not for the House but for me as the Speaker. Now, pursuant to Standing Order 108 (1), I name Kibagendi for gross disorderly conduct,” said Mr Kaluma as he suspended the Kitutu Chache South MP for 14 days.
This is despite Standing Order 110 of the House rules limiting the period of suspending a member from the House to four days. “If any member is suspended under Standing Order 108, the suspension on the first occasion shall be for four days, including the day of suspension,” the House rules state.
“On the second occasion during the same session, the suspension shall be for eight days, including the day of suspension, and on the third or any subsequent occasion during the same session for 28 days, including the day of suspension.”
Attempts by the Suba South MP to stop Mr Kibagendi’s suspension on account of the court order were dismissed by Mr Kaluma.
“I inquire whether it is in order for this House to debate a matter that is active in courts of law and which the courts have already pronounced themselves on, and ask whether we have the correct interpretation of the Powers and Privileges Act,” Mr Omondi said.
It should not be forgotten that Speaker Wetang’ula has previously used the floor of the National Assembly to countermand court rulings.
The High Court's determination that the Azimio coalition is the majority side in the National Assembly was countermanded by Speaker Wetang’ula in a communication to the House, saying that President William Ruto’s Kenya Kwanza coalition is the majority side in the House.
Speaker Wetang’ula also ignored Suba South MP Caroli Omondi’s interventions that he delays consideration of the House committee report on the government’s partial divestiture of its 15 percent shareholding in Safaricom PLC until the matters pending in court have been heard and determined.
Mr Omondi intervened at a time the mover was on the floor, replying to the motion on the divestiture of the Telco’s shares after the conclusion of debate on the report.
But Speaker Wetang’ula ignored the calls as he allowed Mr Kaluma to proceed and reply to the motion before putting the question, which was met with affirmation, implying that the House had approved the sale of Safaricom shares.
Mr Omondi noted that Standing Order 108, which Mr Kaluma invoked to suspend Mr Kibagendi, can only punish a member for matters committed within the precincts of parliament.
He also noted that Standing Order 89 of the National Assembly Standing Orders bars any debate on a matter that is potentially sub-judice- matters actively in court.
Senator Osotsi said that Mr Wetang’ula’s action goes against the doctrine of separation of powers. “he took an oath to protect the constitution, including obedience to court orders,” said Senator Osotsi, with Makueni Senator Dan Maanzo noting that representation in parliament is a cardinal constitutional duty.
“No one is above the law. Contemptuous proceedings shall be instituted against Speaker Wetang’ula. If he is not careful, he will be committed to civil jail,” said Senator Maanzo.
Yesterday, Mr Sifuna stated, “We are very clear as a team and even as people with a legal background that the Powers and Privileges Act does not extend outside the precincts of parliament.”
“It is not possible for a speaker to police the utterances of members of the National Assembly or even the Senate at media houses, in funerals, or at baby showers. It is preposterous for anybody to imagine that what I say in my bedroom is also subject to the Powers and Privileges Act,” said Senator Sifuna.
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