The conservatory order effectively suspended Speaker Moses Wetang'ula's February 17 directive that had indefinitely barred the ODM legislator from all House proceedings, including committee sittings and access to his parliamentary office .
Lawyers representing the Speaker had vigorously argued that the court lacked jurisdiction under the doctrine of separation of powers, insisting that Parliament's internal affairs were beyond judicial scrutiny.
However, Justice Mwamuye ruled that the matter raised substantial constitutional questions regarding fundamental rights and the potential disenfranchisement of Kibagendi's constituents, who risked being left without representation indefinitely .
The Judge further restrained the Speaker and the National Assembly from initiating or continuing any **disciplinary action against the MP on matters related to the ongoing case .
This comprehensive order ensures Kibagendi can fully discharge his duties without the sword of Damocles hanging over his head while the court prepares to determine the legality of Wetang'ula's original suspension .
Kibagendi's legal team, led by lawyer Ombui Ratemo, successfully argued that the Parliamentary Powers and Privileges Act does not apply to statements made outside the precincts of Parliament .
The MP had been punished for remarks made during a Citizen TV interview where he questioned whether House leadership was adequately safeguarding Parliament's independence from executive overreach .
The petitioner further contended that Speaker Wetang'ula violated Articles 47, 48, and 50 of the Constitution, which guarantee fair administrative action, access to justice, and the right to a fair hearing .
His lawyer protested that the Speaker arbitrarily denied Kibagendi the chance to defend himself while prescribing the exact wording of an apology in classic dictatorial fashion, a clear breach of constitutional safeguards .
The case will now proceed to full hearing where the court will definitively determine whether a Speaker possesses unlimited power to expel legislators indefinitely without following due process .
For now, Justice Mwamuye's ruling stands as a powerful affirmation that even the hallowed chambers of Parliament remain subject to constitutional oversight and the fundamental rights of Kenya's citizens to voice and representation.
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