By Peter John
The High Court has lifted the indefinite suspension of Kitutu Chache South Member of Parliament Anthony Kibagendi, ordering that he be reinstated to the National Assembly and allowed to resume all parliamentary duties while his legal petition challenging the suspension is pending.
Justice Bahati Mwamuye issued the ruling at Milimani Law Courts in Nairobi on Thursday, halting the implementation of the suspension imposed by National Assembly Speaker Moses Wetang’ula on February 17.
The court’s conservatory order allows Mr. Kibagendi to participate fully in House proceedings, attend committee meetings, and perform all parliamentary functions, while restraining the Speaker and the National Assembly from taking any further disciplinary action against him in connection with the ongoing case.
The suspension had followed comments Mr. Kibagendi made during a television interview, in which he alleged that Parliament had become “an auctioned institution” and criticised the leadership of the Speaker and his deputies.
The Speaker described the remarks as injurious to the dignity of the House and directed that the MP be excluded from parliamentary precincts and committee activities until he tendered an apology.
Mr. Kibagendi immediately challenged the decision in court, arguing that the Speaker’s actions were unlawful and unconstitutional, particularly because the statements were made outside the House and the disciplinary procedures under the Parliamentary Powers and Privileges Act did not apply.
In her ruling, Justice Mwamuye emphasized that judicial review is available where constitutional rights are at stake, noting that continued exclusion of the MP would leave his constituents without representation.
The ruling has sparked reactions from political leaders, with Nairobi Senator Edwin Sifuna describing the Speaker’s directive as illegal and a misuse of authority, adding that punitive measures cannot be applied to conduct outside parliamentary proceedings.
The court’s decision restores Mr. Kibagendi’s ability to participate in parliamentary business immediately, while the substantive hearing on the legality of his suspension will be scheduled at a later date.
