By Andrew Mbuva.
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 alleged partisan political activities, ruling that the case was filed prematurely.
In a judgment delivered by Justice David Mburu, the court held that the petitioners, Vocal Africa, had failed to exhaust the legal mechanisms provided under the law before moving to court.
Justice Mburu ruled that the petitioners had not lodged a complaint with the Ethics and Anti-Corruption Commission (EACC) over the alleged violation of Chapter Six of the Constitution as required under the Leadership and Integrity Act.
The respondents had raised a preliminary objection, arguing that the petition was premature because the petitioners had bypassed the statutory dispute-resolution process. The judge agreed, finding that the objection raised a pure point of law and was therefore properly before the court.
The court held that the doctrine of exhaustion applied in the matter and found no exceptional circumstances that would justify bypassing the available administrative remedies.
Justice Mburu further noted that the petitioners had not presented evidence to show they were denied an opportunity to pursue their grievances before the relevant statutory bodies.
He also observed that the petitioners had failed to demonstrate how the two Speakers had violated the provisions of Chapter Six of the Constitution, the Leadership and Integrity Act, or the Conflict of Interest Act, as alleged.
As a result, the court declined to consider the application for conservatory orders that sought to bar the two Speakers from attending or being represented at alleged organised partisan political events.
The preliminary objections were upheld, and the petition was struck out for failure to exhaust the statutory remedies provided under the Leadership and Integrity Act.
In court documents filed earlier, Speaker Wetang’ula, who also serves as the Chairperson of the Parliamentary Service Commission (PSC), opposed the application, arguing that the petition lacked good faith and did not meet the threshold for a public interest case.
He contended that the petition improperly sought relief against him both in his personal capacity and in his constitutional role as Speaker of the National Assembly.
Wetang’ula argued that the petitioners had failed to distinguish between actions undertaken in his official capacity and those carried out as a private citizen. He maintained that, like every Kenyan, he is entitled to the rights and fundamental freedoms guaranteed under the Constitution.
The respondents also argued that the petitioners had failed to demonstrate how granting the conservatory orders would serve or protect the public interest.
The Ethics and Anti-Corruption Commission (EACC) was listed as one of the respondents in the petition.
