Activist sues National Assembly clerk for rejecting Wetang'ula censure petition

Nakuru activist Laban Omusundi has filed a lawsuit against the Clerk of the National Assembly Samuel Njoroge for failing to accept his petition seeking the censure of Speaker Moses Wetang'ula.

Omusundi argues that Njoroge erred by denying him his constitutional right as a Kenyan to petition the National Assembly.

He wants the High Court in Nakuru to declare that Standing Orders 87(1) of the National Assembly is null and void, claiming it contradicts the constitution.

He notes that the standing orders deny him and the general public the right to petition as enshrined in Articles 37 and 119(1) of the constitution.

According to Omusundi, standing orders in Parliament should complement the constitution and not be an impediment to the implementation of the constitution.

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“The court should make a declaration that the clerk has infringed my right and is setting a precedent to infringe the general public rights,” he deposes.

He states that Njoroge, in his capacity, abused his office by rejecting the petition and insisted that as a clerk of the national assembly, he is supposed to uphold the law.

He insists that his petition filed on February 5, 2025, was proper and no other entity apart from Parliament, has the jurisdiction to table and debate the motion.

“No law can supersede the Constitution, and any laws created under the strength of Article 119 should not deny the general public their right but should complement them,” he said.

Omusundi’s petition was rejected one day after he filed it, in a letter signed by Njoroge on February 6.

In his petition, Omusundi accused Wetang’ula of engaging in political activities, in breach of the principles of impartiality and independence expected from the Speaker.

“The Speaker is supposed to be an arbiter and he should be involved in politics because it is a disrespect to his office,” he submitted.

Omusundi also claimed that Wetang’ula has compromised the independence of Parliament by behaving as an attachment to the Executive under President William Ruto.

He noted that Wetang’ula made controversial public statements during Ruto’s tour in Western Kenya in late January 2025.

“He uncharacteristically assured the President that the Western region was behind his administration, reiterated that the region was Ruto's last of defence and the frontier of defense against political acrimony from his rivals,” said Omusundi.