Speakers Wetangula, Amason Kingi oppose bid to block them from political activities

Appearing before Justice David Mburu, lawyers representing the two Speakers urged the High Court to dismiss the application, arguing that the petitioners failed to exhaust alternative dispute resolution mechanisms before moving to court.

Lawyer Milimo submitted that the dispute should first have been lodged before the Ethics and Anti-Corruption Commission (EACC), the National Assembly's Powers and Privileges Committee, or through the dispute resolution mechanisms provided under Parliament's Standing Orders.

He told the court that the Constitution requires parties to exhaust available legal mechanisms before invoking the jurisdiction of the High Court.

Milimo further argued that the issues raised in the petition are already the subject of six pending appeals before the Court of Appeal, including questions on whether the Speakers of Parliament can simultaneously hold other public offices.

He warned that allowing the petition to proceed could result in conflicting court decisions.

"The best course is for this court to await the determination of the Court of Appeal. A contrary finding would create an embarrassing conflict with the appellate court," Milimo submitted.

The defence also urged the court to strike out media reports annexed to the petitioners' application, arguing that they constitute inadmissible evidence and cannot form the basis for granting conservatory orders.

On the substance of the petition, the lawyers argued that constitutional restrictions on political activities apply only to appointed state officers and not elected leaders.

They maintained that Wetang'ula and Kingi are elected leaders who became Speakers through an election process, and therefore enjoy the political rights guaranteed under Article 38 of the Constitution.

Milimo argued that Wetang'ula, who is also the leader of the Ford Kenya Party and Chairperson of the Parliamentary Service Commission, cannot be barred from engaging in political activities, adding that such orders would unjustifiably interfere with his constitutional rights and official functions.

The respondents further submitted that the petitioners had failed to establish a prima facie case or demonstrate any imminent harm that would justify the grant of conservatory orders.

"There is nothing urgent to preserve. This is pure politics. The orders sought are intended to gag the Speakers from engaging with the public and expressing their political views," Milimo told the court.

He added that the petition would not be rendered nugatory if conservatory orders were declined.

Another lawyer for the respondents urged the court not to be drawn into political disputes.

"This court cannot be converted into a prefect of politics. If the petitioners disagree with the Speakers' political ideology, their remedy lies in the political arena, not in court," counsel submitted.

The application was opposed by the petitioners.

Lawyer Ian Mutiso argued that Wetang'ula and Kingi had openly participated in political campaigns, conduct he said undermines the constitutional principles of separation of powers, leadership and integrity.

Mutiso submitted that the petition raises fundamental constitutional questions on whether holders of the offices of Speaker of the National Assembly and Speaker of the Senate are bound by the national values and principles of governance and are required to remain politically neutral while in office.

He urged the court to maintain the conservatory orders, saying they are necessary to preserve constitutional governance and the integrity of the court pending the hearing of the petition.

Mutiso also cited guidance issued by the Commission on Administrative Justice on political neutrality among public office holders, arguing that if the two Speakers wish to actively engage in partisan politics, they should first resign from office.

Lawyer Abner Mango also opposed the application, arguing that the conservatory orders were directed personally at the office holders and must be obeyed unless set aside by the court.

He submitted that the offices of the Speaker of the National Assembly and Speaker of the Senate wield immense constitutional authority and that active participation in partisan politics threatens the doctrine of separation of powers.

Mango further argued that the application seeking to suspend the conservatory orders is legally defective and that parties must first comply with existing court orders before seeking any relief.

Justice David Mburu will issue directions after considering the submissions by all parties.