Sifuna, Babu Move to Court to Challenge Wetang’ula Over Suspension of MP Kibagendi

A fresh political showdown is looming in Nairobi after Orange Democratic Movement (ODM) leaders announced plans to take National Assembly Speaker Moses Wetang'ula to court over the controversial suspension of Kitutu Chache South MP Antony Kibagendi.

The move, led by Nairobi Senator Edwin Sifuna and Embakasi East MP Babu Owino under the Linda Wananchi faction, signals an escalating standoff between sections of the opposition and the leadership of the National Assembly.

Speaking to the media within Parliament buildings on Wednesday, April 1, the two leaders accused the Speaker of acting in defiance of a court order that had barred the House from suspending Kibagendi.

According to Babu Owino, the group will file a judicial review application under a certificate of urgency, seeking legal remedies to challenge the Speaker’s decision.

“We will seek an order of mandamus to compel the Speaker to obey court orders and an order of certiorari to quash the decision to further suspend Kibagendi for 14 days,” Babu stated.

The dispute stems from a decision made by the National Assembly on Tuesday, March 31, to suspend Kibagendi for two weeks. 

The suspension came despite an earlier court directive that had reportedly restrained Parliament from taking disciplinary action against the lawmaker.

Kibagendi’s troubles began after remarks he made during a February television interview, where he alleged that Parliament had been compromised and lacked independence, suggesting it had effectively been handed over to the Executive.

The comments sparked outrage among legislators, prompting Majority Leader Kimani Ichung’wah to table a motion seeking disciplinary action. He argued that the MP’s statements undermined the dignity and integrity of Parliament.

Following debate, Members of Parliament unanimously voted to suspend Kibagendi for 14 days.

This marks the second time the Kitutu Chache South legislator has faced suspension over similar remarks. In a previous ruling on February 17, Speaker Wetang’ula termed Kibagendi’s statements as “reckless” and ordered his exclusion from all parliamentary proceedings.

“For now, you are excluded from the proceedings of this House, the precincts of Parliament, committee sittings, including your office,” Wetang’ula ruled at the time. “You are now a stranger in the House.”

He further directed that Kibagendi would only be allowed back after issuing a formal apology, which would be reviewed by the Clerk of the National Assembly.

However, the latest suspension has now triggered legal and political backlash, with Sifuna and Babu insisting that the Speaker’s actions violate the rule of law.

The planned court case is expected to test the balance of power between Parliament and the Judiciary, particularly on whether legislative decisions can override court orders.
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