NAIROBI, Kenya, Jul 23 – 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 political activities, ruling that the case was filed prematurely.
Justice David Mburu held that the petitioners, Vocal Africa, failed to exhaust the statutory dispute resolution mechanisms provided under the Leadership and Integrity Act before moving to court.
The judge found that the petitioners had not lodged a complaint with the Ethics and Anti-Corruption Commission (EACC) alleging violations of Chapter Six of the Constitution, the Leadership and Integrity Act or the Conflict of Interest Act.
“The doctrine of exhaustion is applicable in this matter,” Justice Mburu ruled, adding that the petitioners had not demonstrated any exceptional circumstances that would justify bypassing the statutory process.
He further held that the petitioners had not shown that they were denied an adequate opportunity to pursue the available administrative remedies before approaching the court.
The respondents had raised a preliminary objection arguing that the petition was not ripe for judicial determination because the legal avenues established under the Leadership and Integrity Act had not been exhausted.
Justice Mburu agreed, finding that the objection raised a pure point of law and was therefore properly before the court.
The judge also found that the petitioners had failed to demonstrate how the two Speakers had violated Chapter Six of the Constitution, the Leadership and Integrity Act or the Conflict of Interest Act through the political activities complained of.
Having upheld the preliminary objections, the court declined to consider the application for conservatory orders that sought to bar Wetang’ula and Kingi from attending or being represented at alleged partisan political events.
The petition was consequently struck out for failure to exhaust the statutory dispute resolution mechanisms.
In court filings, Wetang’ula had opposed the application, arguing that the petition improperly sought relief against him both as Speaker of the National Assembly and in his personal capacity.
He maintained that, like every Kenyan citizen, he is entitled to enjoy the rights and fundamental freedoms guaranteed under the Constitution unless lawfully limited.
Wetang’ula also argued that the petitioners had failed to distinguish between actions undertaken in his official capacity as Speaker and those performed as a private citizen, adding that they had not demonstrated how the conservatory orders sought would serve the public interest.
The Ethics and Anti-Corruption Commission was listed among the respondents in the petition.