Court throws out bid to stop Speakers Wetang'ula, Kingi from political activities

Court throws out bid to stop Speakers Wetang'ula, Kingi from political activities

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The court held that the petitioners, Vocal Africa, failed to first utilise the dispute resolution mechanisms established under the Leadership and Integrity Act before seeking judicial intervention.

The High Court has dismissed a petition seeking to prevent National Assembly Speaker Moses Wetang'ula and Senate Speaker Amason Kingi from engaging in political activities, finding that the case was brought before the court prematurely.
In a ruling delivered by Justice David Mburu, the court held that the petitioners, Vocal Africa, failed to first utilise the dispute resolution mechanisms established under the Leadership and Integrity Act before seeking judicial intervention.
Justice Mburu ruled that the organisation did not file a complaint with the Ethics and Anti-Corruption Commission (EACC), the body mandated to investigate alleged breaches of Chapter Six of the Constitution, the Leadership and Integrity Act and the Conflict of Interest Act.
"The doctrine of exhaustion is applicable in this matter," Justice Mburu ruled.
The judge added that the petitioners had not demonstrated any exceptional circumstances that would justify bypassing the statutory procedure or shown that they had been denied an adequate opportunity to pursue the available administrative remedies.
The court upheld preliminary objections raised by the respondents, who argued that the petition was not ripe for determination because the legal process provided under the Leadership and Integrity Act had not been exhausted.
Justice Mburu agreed, finding that the objections raised a pure point of law capable of disposing of the matter at the preliminary stage.
The court further found that Vocal Africa had failed to establish how the two Speakers' alleged political engagements amounted to violations of Chapter Six of the Constitution, the Leadership and Integrity Act or the Conflict of Interest Act.
"The petitioners have not demonstrated exceptional circumstances to warrant bypassing the statutory dispute resolution mechanisms," the judge held.
Having upheld the preliminary objections, the court declined to determine the application for conservatory orders that sought to restrain Wetang'ula and Kingi from attending or being represented at what the petitioners described as partisan political events.
The petition was subsequently struck out.
In his response to the suit, Wetang'ula argued that the petition improperly sought orders against him both in his official capacity as Speaker of the National Assembly and in his personal capacity.
He maintained that, like any other Kenyan citizen, he enjoys the constitutional rights and freedoms guaranteed under the Constitution unless those rights are lawfully limited.
Wetang'ula also contended that the petitioners had failed to distinguish between actions undertaken in the course of his official duties and those carried out as a private citizen, while arguing that they had not shown how the conservatory orders sought would advance the public interest.
The Ethics and Anti-Corruption Commission (EACC) was among the respondents in the proceedings.

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