A three-judge bench has ruled that Speaker Moses Wetangula acted unlawfully when he declared Kenya Kwanza as the majority party in Parliament.
The court has now confirmed that Azimio la Umoja is the rightful majority party. This decision overturns Wetangula’s earlier ruling made on October 6, 2022, which had given Kenya Kwanza control of the House.
Judges John Chigiti, Lawrence Mugambi, and Jairus Ngaah found that Wetangula violated the Constitution in making his decision. They stated that he had no legal authority to reassign 14 members from different parties to Kenya Kwanza.
This move unfairly gave Kenya Kwanza the majority in Parliament. The judges emphasized that the Speaker cannot change the composition of a coalition arbitrarily.
Wetangula had declared that Kenya Kwanza had 179 MPs against Azimio’s 157. However, official documents from the Registrar of Political Parties showed that as of April 21, 2022, Azimio comprised 26 political parties, while Kenya Kwanza had only 15.
The court ruled that Wetangula had no legal grounds to disregard the Registrar’s records and allocate members to Kenya Kwanza.The judges also pointed out that Wetangula failed to present any post-election coalition agreements to support his decision.
They criticized him for acting beyond his powers and failing to uphold constitutional principles. The court emphasized that a Speaker must be impartial and should not act in a way that benefits one political side.
They also ruled that Wetangula’s continued leadership of Ford Kenya while serving as Speaker created a conflict of interest. According to the judges, he ceased to be Ford Kenya’s leader when he was elected Speaker and should not have been involved in political decisions favoring his side.
Despite the ruling, the court declined to suspend its decision. If the government wants to challenge the judgment, it must file a formal application requesting a stay of the decision.
This means that for now, the ruling stands, and Azimio la Umoja is officially recognized as the majority party.
The case was filed by Ken Njagi, advocate Lempaa Suyinka, and ten others, who argued that Wetangula’s decision was unconstitutional. Advocate Kibe Mungai represented the petitioners in court.
The ruling is expected to have political consequences, as it affects the leadership structure of Parliament. Azimio la Umoja now holds the majority status, which could influence parliamentary debates and decisions going forward.
Add Comment