The ruling was delivered on Thursday, March 19, at the Milimani Law Courts by Justice Bahati Mwamuye, who granted a conservatory order to maintain the status quo until the matter is fully heard and determined.
Justice Mwamuye noted that the principle of separation of powers does not prevent the judiciary from intervening in parliamentary matters when necessary to protect legal rights.
Justice Mwamuye noted that the principle of separation of powers does not prevent the judiciary from intervening in parliamentary matters when necessary to protect legal rights.
The court directed that MP Kibagendi’s suspension be lifted, allowing him to participate in parliamentary proceedings, including committee sittings, until a final decision is made.
The controversy began on February 17, when Speaker Wetang’ula suspended Kibagendi for remarks made during a television interview.
The controversy began on February 17, when Speaker Wetang’ula suspended Kibagendi for remarks made during a television interview.
Kibagendi had alleged that Parliament had been “auctioned” to the executive, claiming that Speaker Wetang’ula, his deputies, and other parliamentary officials had compromised the independence of the House.
In response, the Speaker deemed the statements reckless and excluded the legislator from Parliament and his office pending a formal apology.
“Kibagendi, you will be excluded from the sitting of this House until you bring a properly worded apology to the House for bringing it into disrepute. That apology should be submitted to the Clerk for careful review,” Wetang’ula stated at the time.
The suspension drew criticism from legal analysts and parliament watchers who argued that the judiciary could intervene when a legislator’s rights are at risk.
“Kibagendi, you will be excluded from the sitting of this House until you bring a properly worded apology to the House for bringing it into disrepute. That apology should be submitted to the Clerk for careful review,” Wetang’ula stated at the time.
The suspension drew criticism from legal analysts and parliament watchers who argued that the judiciary could intervene when a legislator’s rights are at risk.
Justice Mwamuye’s ruling effectively pauses the enforcement of the suspension, ensuring that Kibagendi retains his parliamentary functions while the case proceeds.
The development follows a history of legal and political challenges faced by Kibagendi. In January, he was arrested by detectives from the Directorate of Criminal Investigations (DCI) over allegations of assault but was later released on a cash bail of KSh 100,000 by the Narok High Court.
This ruling is expected to set a precedent on the limits of parliamentary authority and the role of the judiciary in safeguarding MPs’ rights.
The development follows a history of legal and political challenges faced by Kibagendi. In January, he was arrested by detectives from the Directorate of Criminal Investigations (DCI) over allegations of assault but was later released on a cash bail of KSh 100,000 by the Narok High Court.
This ruling is expected to set a precedent on the limits of parliamentary authority and the role of the judiciary in safeguarding MPs’ rights.
The High Court’s intervention emphasizes the balance of power between legislative independence and judicial oversight, reinforcing the importance of legal recourse when parliamentary actions are contested.
Kibagendi is now free to participate in parliamentary duties, pending further hearings, while the Speaker and National Assembly review their response in line with the court’s directives.
Kibagendi is now free to participate in parliamentary duties, pending further hearings, while the Speaker and National Assembly review their response in line with the court’s directives.
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