A sitting member of parliament may lose his seat if a voter proves in court the lawmaker smokes ‘weed’.
Under Article 75 of the Constitution on State Officer, all state officers are supposed to behave and conduct selves with integrity so as to bring honour to the people of this grid.
A voter has moved to court seeking orders to have a member of parliament examined by a psychiatrist to establish his capacity to hold a public office.
Mr Fred Muka, who filed a certificate of urgency at the Milimani High Court on Monday (July 20, 2026) is petitioning to have Mumias East MP Peter Salasya examined by an independent psychiatrist to determine his fitness to be a state officer.
Mr Muka alleges in the court filings that alleged recent confessions and postings by Mr Salasya via social media platforms, call for his examination to establish his capacity to hold a public office.
In a sworn affidavit supporting the case filed under a certificate of urgency, Mr Muka claims the MP has published on social media and in broadcast interviews an account of his own consumption of cannabis-infused edibles (bhang cookies).
The petitioner urges that should it be established that the MP consumes ‘weed’ (bhang), then the Mumias East parlimantary seat shall be declared vacant and a by-election called.
“That the 1st respondent (Peter Salasya) in or about the month of July 2026, filmed, published and widely circulated on his social media platform a video content showing him consuming a substance he identifies as cannabis-infused edibles (bhang cookies), an act which if proven, would contribute an offence of an unlawful possession and use of cannabis contrary to section 3 of the narcotic drugs and psychotropic substances (control) Act under Chapter 245 of the laws of Kenya,” states the voter in his court filings.
Mr Muka has attached in evidence to the court an alleged video of the lawmaker confessing to using the drug.
In the case, Mr Muka has named Mr Salasya, the Ethics and Anti-Corruption Commission (EACC), the Independent Electoral and Boundaries Commission (IEBC), the National Assembly Powers and Privileges Committee (NAPPC) and the Attorney General as the respondents.
The petitioner states in the court filings that Article 75(2) of the Constitution contemplates that a state officer who contravenes Article 75(1) shall, “first be subjected to internal disciplinary procedure."
Therefore, the petitioner alleges that NAPPC being seized of the matter has not demonstrably initiated or conducted any such disciplinary process.
He claims that such inaction by NAPPC has left public interest unprotected and warrants the court to invoke its supervisory intervention under Article 165(3)(b) and (d) to grant the reliefs sought.
“Unless the court certifies the matter as urgent and directs an expedited hearing, the conduct of complained of will continue unabated, thus further eroding public confidence in leadership and the institution of Parliament contrary to Article 10 of the Constitution,” states Mr Muka.
The petitioner also avers, as a state officer, Mr Salasya, is strictly bound by Article 75(1) of the Constitution which requires one to behave and conduct self in a manner that does not demean the public office one holds.
The petitioner states that the balance of convenience favours the grant of an order prohibiting the MP whether by himself, his agents, servants or any person acting on his instructions from publishing or re-posting the video depicting the use of narcotic or psychotropic substances pending the determination of the case.
Further Mr Muka is urging the court to compel EACC to investigate the conduct of the first term MP pursuant to powers vested in it under Article 79 of the Constitution and sections 7, 8 and 42 of the leadership and integrity act cap 182 Laws of Kenya.
Also Mr Muka seeks a declaration that in the event the disciplinary process by NAPPC results in the dismissal or removal from office of the 1st respondent (Salasya), the automatic disqualification under Article 75(3) of the Constitution shall take effect and IEBC shall thereupon be directed to act in accordance with the law resulting to a vacancy.
The matter is awaiting directions from the presiding judge constitutional and human rights division.