The High Court has struck out a constitutional petition that sought to stop National Assembly Speaker Moses Wetang’ula and Senate Speaker Amason Kingi from participating in partisan political campaigns while serving as Speakers of Parliament.
In a ruling delivered on Thursday, Justice David Mburu held that the court lacked jurisdiction to hear the matter because the petitioner had failed to first exhaust the dispute resolution mechanisms provided under the Constitution and relevant statutes.
The petition, filed by Vocal Africa, had sought conservatory orders restraining the two Speakers from using their constitutional offices, parliamentary resources and official capacities to organise, endorse or participate in partisan political campaigns, arguing that such conduct violated the Constitution and the principles of leadership and integrity.
The respondents opposed the petition, arguing that complaints relating to the conduct of State officers under Chapter Six of the Constitution should first be lodged with the Ethics and Anti-Corruption Commission (EACC). They also maintained that where Parliament has established a statutory dispute resolution mechanism, parties must exhaust that process before moving to the High Court.
Justice Mburu agreed, finding that the dispute primarily concerned the enforcement of Chapter Six of the Constitution and the Leadership and Integrity Act, matters that fall within the mandate of the EACC. The judge noted that the petitioner had not demonstrated any exceptional circumstances that would justify bypassing the statutory mechanisms.
The court upheld the preliminary objections raised by the respondents, ruled that it lacked jurisdiction under the doctrine of exhaustion, struck out the petition dated July 6, 2026, and directed that each party bear its own costs.
