Wetang’ula, Kingi Fight Bid to Bar Them From Political Activities

Jukwaa

📻 Breaking It Down

Appearing before Justice David Mburu, lawyers representing the two Speakers argued that the petitioners bypassed legally established dispute resolution mechanisms before filing the case, rendering the petition incompetent.

Senior counsel Milimo told the court that the dispute ought to have been referred first to the Ethics and Anti-Corruption Commission (EACC), the National Assembly’s Powers and Privileges Committee, or addressed through Parliament’s internal dispute resolution procedures under the Standing Orders.

He argued that the Constitution obliges litigants to exhaust all available statutory remedies before seeking the intervention of the High Court.

📌 What You Need to Know

Milimo further submitted that the issues raised in the petition are already before the Court of Appeal in six separate cases, including the question of whether the Speakers of Parliament can simultaneously hold political party positions or other public offices.

He cautioned that proceeding with the petition could lead to contradictory judicial pronouncements.

“The prudent course is for this court to await the outcome of the appeals before the Court of Appeal. Any contrary finding risks creating conflicting decisions within the judicial system,” Milimo submitted.

The defence also asked the court to expunge newspaper articles and other media reports attached to the petition, arguing that they amount to inadmissible hearsay and cannot be relied upon in determining whether conservatory orders should be issued.

On the merits of the case, the respondents maintained that constitutional restrictions on political activity apply to appointed State officers and not to elected office holders.

They argued that both Wetang’ula and Kingi assumed office through an electoral process and therefore retain the political rights guaranteed under Article 38 of the Constitution.

📰 Source: Capital FM Kenya

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