Vocal Africa wants Wetang'ula, Kingi to stop campaigning for Ruto

A Lobby group has filed a petition seeking to bar National Assembly Speaker Moses Wetang'ula and Senate Speaker Amason Kingi from participating in partisan political campaigns while serving as Speakers of Parliament.

The petition, filed before the Constitutional and Human Rights Division of the Milimani High Court by Vocal Africa argues that the two Speakers have breached the Constitution by actively campaigning for President William Ruto's re-election ahead of the 2027 General Election while occupying offices that demand political neutrality and institutional independence.

"The court should issue a permanent injunction restraining Wetangula and Kingi, while holding the Offices of Speaker of the National Assembly and Speaker of the Senate respectively, from leading, organising, officiating at, addressing, promoting, endorsing or otherwise participating in partisan political campaign activities in support of or opposition to any political party or candidate while acting in their official capacities or while using the authority, prestige or incidents of their constitutional offices," the petitioner seek.

The lobby group  also seeks orders barring the two speakers from using parliamentary facilities, official security, transport, staff or any public resources attached to their offices for political mobilisation.

"Articles 73, 75 and 232 of the Constitution prohibit the holders of the Offices of Speaker from using the authority, prestige, influence or incidents of those offices to participate in or promote partisan political campaigns in a manner that compromises, or reasonably appears to compromise, the institutional independence of Parliament," the lobby group argues.

The petition names Wetang'ula as the first respondent, Kingi as the second respondent, while the Independent Electoral and Boundaries Commission (IEBC), the Ethics and Anti-Corruption Commission (EACC) and the Attorney General have also been sued.

Vocal Africa through lawyer Ian Mutiso argues that the Constitution established Parliament as an institution independent of the Executive and that its presiding officers should not become political mobilisers for the government they are constitutionally required to oversee.

"The Constitution of Kenya created a Parliament that would stand beside the Executive and not behind it. It entrusted the Speakers of Parliament with constitutional authority, not partisan advantage; with institutional stewardship, not electoral mobilisation," the petition states.

The organisation further argues that the case is not intended to deny the Speakers their political rights but to determine whether holders of those constitutional offices can continue participating in political campaigns without violating the Constitution.

"This Petition does not seek to determine political contests, regulate electoral competition or restrict the political rights guaranteed under Article 38 of the Constitution," the lawyer says.

"Rather, it raises the constitutional question whether the holders of the offices of Speaker of the National Assembly and Speaker of the Senate may, while continuing to occupy those constitutional offices, actively participate in partisan political campaigns in support of a presidential candidate."

According to the petition, Wetang'ula attended several Kenya Kwanza political rallies, including meetings in Likoni, Emuhaya and Eldoret, where he allegedly urged Kenyans to support President Ruto's re-election.

The lobby group claims that during a rally held at Silverline Grounds in Eldoret on July 3, Wetang'ula declared that Kenya Kwanza had officially launched its nationwide campaign for President Ruto's re-election while criticising opposition leaders advocating for a one-term presidency.

The petition further accuses Kingi of participating in political mobilisation meetings organised by the ruling coalition, including a United Democratic Alliance meeting in Mombasa and subsequent campaign activities across the Coast region where he allegedly encouraged support for President Ruto's second-term bid.

Vocal Africa argues that by publicly leading partisan campaigns, the two Speakers have created an objective and continuing conflict between their constitutional responsibilities and political interests.

"By publicly leading, addressing and participating in organised partisan political campaigns in support of the Executive whose actions Parliament is constitutionally required to scrutinise, the Respondents have created an objective and continuing conflict between their constitutional responsibilities as presiding officers of Parliament and their partisan political activities," the petition states.

The organisation contends that the conduct has diminished public confidence in Parliament and blurred the constitutional distinction between the Legislature and the Executive.

It wants the court to declare that the Speakers' actions violate Articles 10, 73, 75, 94, 95, 96 and 232 of the Constitution, as well as provisions of the Leadership and Integrity Act, the Public Officer Ethics Act and the Election Offences Act.

Among the orders sought is a permanent injunction restraining Wetang'ula and Kingi from leading, organising, officiating at, addressing, promoting or endorsing partisan political campaigns while serving as Speakers.

It further asks the court to direct EACC and IEBC to investigate the alleged violations and file reports within 60 days.

The petition is pending hearing.