The High Court has struck out a petition seeking to bar National Assembly Speaker Moses Wetang’ula and Senate Speaker Amason Kingi from participating in partisan political campaigns.
In a ruling, Justice David Mburu held that the court lacked jurisdiction to hear the matter and that the petitioner, Vocal Africa, had failed to exhaust the dispute resolution mechanisms provided under the law before moving to the High Court.
The judge noted that the petitioner failed to lodge a formal complaint with the Ethics and Anti-Corruption Commission (EACC) and the Independent Electoral and Boundaries Commission (IEBC) which are mandated to handle leadership, integrity and election-related disputes.
“On the basis of the doctrine of exhaustion, this court lacks jurisdiction to deal with the matters raised in the petition dated 6th July 2026 with regard enforcement of Chapter 6 of the Constitution and the Leadership and Integrity Act as such jurisdiction lies with the Ethics and Anti-Corruption Commission,” the judge ruled.
The court also found that the petitioner had not demonstrated any exceptional circumstances that would justify bypassing statutory mechanisms established under the Leadership and Integrity Act.
In the petition, Vocal Africa had sought conservatory orders restraining Wetang’ula and Kingi from using the authority, prestige and resources attached to their offices to participate in or promote partisan political campaigns ahead of the 2027 General Election.
The petitioner also sought orders barring the two Speakers from appearing at political rallies in their official capacities and from using parliamentary resources for political mobilization, noting that participation in the activities violated Chapters Six and Eight of the Constitution on leadership, integrity and the institutional independence of Parliament.
However, Wetang’ula in a replying affidavit argued that the petition was premature and an abuse of the court process, adding that the petitioner had failed to demonstrate how his participation in political activities violated the constitution or impaired his ability to discharge his duties as Speaker.
EACC, IEBC and the Attorney General were among respondents listed in the petition.
