Kajiado North MP Ngogoyo faces petition over alleged misuse of public resources

In a petition filed before the High Court, the petitioner, Sheria Mtaani na Shadrach Wambui, accuses the legislator of violating key constitutional provisions by converting public infrastructure into personal political billboards — an act they claim promotes personality cults, undermines electoral integrity, and distorts public accountability.

According to court documents, the petitioner alleges that Ngogoyo has routinely emblazoned his portrait and slogans on roads, schools, and dispensaries — including projects he had no role in initiating, funding, or implementing. Some of the branded projects, the suit claims, predate his tenure in office.

“This brazen personalization of public projects,” the petitioner states, “amounts to a misuse of taxpayer resources for private political aggrandizement and stands in stark violation of Articles 27, 73, 75, 201, and 232 of the Constitution,” the court papers read.

The petition emphasizes that public infrastructure projects are implemented by designated state agencies such as KeRRA, KURA, KeNHA, and the National Government Constituencies Development Fund (NG-CDF) committees — not Members of Parliament. MPs, the suit argues, have an oversight role as per Article 95 of the Constitution, not an executive mandate in project execution.

“By branding himself on these projects, the 1st Respondent appropriates public honour and visibility without legal or democratic sanction,” reads the petition.

Advocate Shadrach Wambui argues that such practices distort public perception, leading constituents to believe that MPs are directly responsible for development implementation — thereby undermining institutional accountability and transparency.

The petition cites a submission by the Ethics and Anti-Corruption Commission (EACC) to the Senate earlier this year, in which the anti-graft agency condemned the practice as unethical and in breach of the Leadership and Integrity Act. The EACC has since promised to issue a nationwide advisory and increase public awareness on the matter.

The petitioner also contends that the conduct not only erodes public trust but also contravenes the Election Offences Act by covertly using public resources for political gain ahead of elections, thereby granting incumbents an unfair advantage.

“In a country where millions lack access to food, education, and health services, it is unconscionable for scarce resources to be spent on plastering a politician’s face across public assets,” the petitioner laments.

The case raises serious constitutional questions about the misuse of state power, political ethics, and the integrity of Kenya’s public finance system.

However, the court did not issue any orders. Instead, it directed that the motion be served for directions on the 22nd of next month.

"The motion is NOT certified urgent... no interim orders will issue at this stage," the court noted.