Nairobi — A civil society organisation, Vocal Africa, has filed a constitutional petition at the High Court seeking to stop National Assembly Speaker Moses Wetang'ula and Senate Speaker Amason Jeffah Kingi from engaging in partisan political activities while holding their respective offices.
The petition, filed at the Milimani Law Courts, argues that the two parliamentary leaders have violated constitutional provisions governing the conduct and neutrality expected of holders of such offices.
Speaking to journalists, lawyer Ian Mutiso said the case raises serious constitutional questions regarding the conduct of the two Speakers and the limits of political engagement by individuals occupying independent leadership positions in Parliament.
Mutiso said the petition seeks a declaration that the actions of Wetang'ula and Kingi are unlawful and inconsistent with the Constitution.
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He argued that if the two leaders wish to actively participate in partisan politics or campaign for political candidates, they should first resign from their positions.
"The National Assembly and the Senate are constitutional institutions and those entrusted with leading them must uphold the rule of law and the principles set out in the Constitution," Mutiso said.
According to the petition, the two Speakers have allegedly participated in political campaigns in support of a presidential candidate, actions the petitioner says amount to abuse of office and compromise the impartiality expected of their positions.
Vocal Africa has also named the Independent Electoral and Boundaries Commission, the Ethics and Anti-Corruption Commission and the Office of the Attorney General as respondents in the case.
The matter is expected to be placed before the Head of the Constitutional and Human Rights Division of the High Court for directions on hearing and case management.
The case is likely to reignite debate over the constitutional role of parliamentary Speakers and whether holders of such offices should remain politically neutral while serving in positions that require institutional impartiality.
