The High Court has struck down National Assembly Speaker Moses Wetangula’s indefinite suspension of Kitutu Chache South MP Anthony Kibagendi, ordering his immediate return to full parliamentary duties.
Justice Bahati Mwamuye issued the conservatory order this afternoon at Milimani Law Courts, suspending the Speaker’s February 17 directive that had barred the first-term MP from the chamber, his office, committee work and all House proceedings until he submitted what Wetangula called a “properly worded apology.”
Kibagendi is now reinstated pending the hearing of his main petition, in a ruling that reaffirms constitutional supremacy over parliamentary privilege.
The punishment followed Kibagendi’s sharp remarks on Citizen TV’s Daybreak, where he accused Wetangula, Deputy Speaker Gladys Shollei and other leaders of turning Parliament into “an appendage of State House” and claimed the House had been “auctioned” to the executive.
Wetangula labelled the comments reckless and damaging, ejected Kibagendi from the chamber and declared the suspension.
Kibagendi challenged the move in court, arguing it violated his rights to fair administrative action, a fair hearing and access to justice. His lawyer, Ombui Ratemo, maintained that the Parliamentary Powers and Privileges Act cannot punish statements made outside Parliament.
Justice Mwamuye rejected Parliament’s separation-of-powers objection, stating that “no person, place or institution… is above the Constitution or outside its reach.”
He found Kibagendi had established a strong prima facie case, noting that continued exclusion risked disenfranchising his constituents and could even trigger Article 103 proceedings that threaten his seat.
Anthony Kibagendi
Key orders:
– Immediate lifting of the indefinite suspension
– Full reinstatement to all parliamentary duties and access to facilities
– No further disciplinary action on the same matter by the Speaker or House
– Fast-tracked hearing of the main petition
The decision strengthens judicial oversight of parliamentary conduct and protects elected representatives — and by extension their voters — from disproportionate punishment. It also reignites debate over the balance between parliamentary autonomy and constitutional rights.
Kibagendi’s swift return ends weeks of representation vacuum for Kitutu Chache South. With the substantive petition now on an accelerated track, the nation watches closely as this high-stakes clash between Parliament and the Judiciary unfolds.
