The government has asked the High Court to dismiss a petition challenging President William Ruto’s decision to host members of the UDA at State House, describing the case as “frivolous, vexatious and an abuse of the court process.”
The petition was filed by lawyer Lempaa Suyianka, who argues that inviting members of the ruling party to State House amounts to misuse of public office and violates constitutional provisions governing the use of public resources.
According to the petitioner, the meetings blurred the line between official government functions and partisan political activities, raising concerns about fairness and the proper use of State facilities maintained using public funds.
However, in their response filed in court, the respondents including the Attorney General of Kenya, the Controller of State House and the United Democratic Alliance argue that the petition does not meet the legal threshold required for a constitutional case.
They contend that the petitioner failed to clearly demonstrate which constitutional rights were violated and how the alleged violations occurred.
The government relies on established legal precedent, including the cases of Anarita Karimi Njeru v Republic (No.1) and Mumo Matemu v Trusted Society of Human Rights Alliance, which set out the principle that constitutional petitions must state with precision the specific provisions of the Constitution allegedly breached and the manner of violation.
According to the respondents, the petition falls short of this standard. They further argue that the President Ruto acted within his constitutional mandate. Articles 131 and 132 of the Constitution, they say, assign the President the responsibility to coordinate government functions, promote national unity and uphold the diversity of Kenya’s communities.
Hosting political leaders and citizens at State House, the respondents argue, is part of facilitating governance and fostering dialogue among leaders.
The court papers also emphasize that Kenya is a multi-party democracy where citizens are free to associate and participate in political activities. In addition, the respondents cite Article 143 of the Constitution which grants the President immunity from civil proceedings for actions undertaken in the exercise of official duties.
The government is therefore urging the court to dismiss the petition with costs, arguing that the case fails to demonstrate any constitutional violation or tangible harm.
In the petition filed before the Constitutional and Human Rights Division of the High Court in Nairobi, Suyianka alleges that public resources were unlawfully deployed to advance the interests of the ruling United Democratic Alliance party.
He is seeking orders declaring that the use of State House for partisan political activities is unconstitutional.
The petitioner also wants the court to compel UDA to reimburse the State for all costs incurred during political activities allegedly held at State House and State Lodges.
In addition, he is seeking a permanent injunction barring all political parties from holding meetings, forums or political gatherings at State House.
According to court documents, Suyianka argues that State House and State Lodges are national institutions reserved strictly for official State functions and maintained using public funds approved by Parliament.
The petition lists several political meetings allegedly held at State House between April 2025 and February 2026, including engagements with regional political leaders, party meetings and a UDA aspirants’ forum that reportedly hosted thousands of party members and officials.
The petitioner contends that these gatherings were not official State functions but political party activities involving party officials, aspirants and elected leaders acting in their political capacities.
He argues that State House facilities including security, staff, logistics, catering and communication infrastructure were used during the meetings, yet no public disclosure has been made regarding the costs incurred or whether the ruling party reimbursed the State.
