The High Court has reinstated Kitutu Chache South MP Anthony Kibagendi, suspending a decision by National Assembly Speaker Moses Wetangula to bar him from Parliament in a ruling that underscores judicial oversight over legislative actions.
In a conservatory order issued on Thursday at the Milimani Law Courts in Nairobi, Justice Bahati Mwamuye directed that Kibagendi be allowed to resume his parliamentary duties pending the hearing and determination of a case challenging his suspension.
“Pending the hearing and determination of this suit, the applicant is hereby allowed to access Parliament and continue discharging his duties as a Member of Parliament,” Justice Mwamuye ruled.
The court further restrained the Speaker and the National Assembly from initiating or continuing any disciplinary action against the legislator related to the ongoing dispute.
Kibagendi had moved to court through his lawyer, Ombui Ratemo, arguing that his suspension violated constitutional provisions, including his rights to fair administrative action, access to justice, and a fair hearing.
His legal team also contended that the Parliamentary Powers and Privileges Act does not apply to statements made outside Parliament.
The dispute stems from remarks made by the MP during a televised interview, in which he questioned Parliament’s independence and alleged that it had become an “appendage of State House.” He further claimed the institution had been “auctioned to the executive,” comments that prompted outrage among lawmakers.
In response, Speaker Wetang’ula ordered his immediate suspension on February 17, terming the remarks “reckless” and demanding an apology. “You will be excluded from the sitting of this House until you bring a properly worded apology… for bringing the House into disrepute,” Wetang’ula declared at the time.
However, the Speaker’s legal team argued in court that the judiciary lacked jurisdiction to interfere in parliamentary proceedings, citing the doctrine of separation of powers. Justice Mwamuye dismissed this argument, emphasizing that the matter raised significant constitutional questions.
The court noted that barring Kibagendi from Parliament risked disenfranchising constituents of Kitutu Chache South, effectively denying them representation.
“The orders issued herein are necessary to preserve the status quo and prevent any action that may render the petition nugatory,” the judge added.
The ruling sets the stage for a broader legal battle over the limits of parliamentary disciplinary authority and the role of the judiciary in safeguarding constitutional rights.
Until the case is fully determined, Kibagendi will continue to serve in the House and its committees, marking a significant reprieve in an escalating institutional standoff.
Also Read:https://www.kdrtv.co.ke/news/mp-anthony-kibagendi-suspended-from-national-assembly/
