Why Court has suspended Kibagendi's parliamentary ban

The High Court has ordered the immediate reinstatement of Kitutu Chache South MP Anthony Kibagendi to Parliament, suspending an indefinite ban imposed by National Assembly Speaker Moses Wetang'ula last month. 

In a ruling delivered virtually on March 19, 2026, Justice Bahati Mwamuye issued conservatory orders that effectively nullify Speaker Wetang'ula's February 17 resolution.

“Pending the hearing and determination of the petition dated February 20 2026, a Conservatory Order is hereby issued, staying in effect and implementation of the resolution and decisions passed and adopted by the first and second respondents, to the extent that the impugned resolution and decisions made on February 17, 2026 indefinitely suspend the petitioner Kibangendi from the ordinary and full discharge of his duties as a Member of Parliament within the National Assembly," the judge ordered .

While issuing the orders, Justice found that the petitioner had met the legal threshold required for the grant of interim orders, allowing his application dated February 20, 2026.

“The Constitution of Kenya applies in every respect across the entirety of the Republic of Kenya. It is the supreme law of the land, and no place or institution that is subject to or under the law of Kenya is above the Constitution or outside its reach,” Justice Mwamuye ruled.

READ: Why Kitutu Chache South MP Kibagendi has been expelled from Parliament

The judge further emphasised that while courts must exercise caution when dealing with internal processes of other arms of government, such restraint does not limit judicial authority.

“The doctrine of separation of powers and constitutional independence of branches of government only operates to require that the High Court exercises greater care and apply a higher standard when it is called upon to inquire into the internal operations of the other branches of government, not as an ouster of its jurisdiction,” he stated.

Justice Mwamuye held that Kibagendi had demonstrated a prima facie case and satisfied all conditions necessary for the issuance of conservatory orders.

“In the present interlocutory application, the petitioner has satisfied the applicable legal criteria and met and exceeded the high bar required for the grant of the conservatory order sought,” he ruled.

The court dismissed arguments by the respondents challenging its jurisdiction and opposing the application.

“Conversely, the respondents have not succeeded in persuading the Court that this Court lacks jurisdiction, or that the doctrines of constitutional avoidance and exhaustion should apply at this interlocutory stage,” the judge said.

He added that the balance of convenience and public interest weighed in favour of the MP.

“The applicant has shown to the required standard that the balance of convenience, weight of prejudice, proportionality, and public interest all tilt in his favour,” he ruled.

Justice Mwamuye also cited the risk faced by the legislator due to the indefinite nature of the suspension.

“Critically, the possible peril faced by the applicant pursuant to Article 103 Clause 1, Paragraph B, the indefinite period of the impugned resolution and decisions… make clear that the only possible outcome is for this Court to allow the petitioner applicant’s Notice of Motion application,” he stated.

The court consequently issued orders staying the resolution passed on February 17, 2026, which had indefinitely suspended Kibagendi.

“Pending the hearing and determination of the petition dated 20 February 2026, a Conservatory Order… is hereby issued, staying in effect and implementation of the resolution and decisions… to the extent that [they] indefinitely suspend the petitioner applicant,” the judge ordered.

In addition, the court restored the MP to his duties.

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“A Mandatory Order… is hereby issued, restoring the status quo ante… restoring the petitioner applicant to the ordinary and full discharge of his duties as a member of Parliament,” Justice Mwamuye ruled.

The court also barred further adverse action against Kibagendi pending the determination of the case.

The saga began on February 17 when Speaker Wetang'ula announced Kibagendi's indefinite suspension following comments the ODM legislator made on a television interview, where he questioned Parliament's independence and suggested the House risked losing its autonomy.

Wetang'ula was unsparing in his response on the floor of the House.

"The moment you say the house is auctioned, you are part of the auctioned material," he told MPs, before turning directly to Kibagendi: "You will be excluded from the sitting of this house until you bring a properly worded apology… Kibagendi, you are now a stranger in the house," Wetang'ula said.

Kibagendi refused to back down, maintaining his remarks breached no written law, and instructed lawyers to move the court.

The case will be mentioned on April 9, 2026, for further directions, with parties directed to file submissions ahead of the hearing.