- The High Court decreed that Kenya Kwanza is not the majority party in the National Assembly, overturning the 2022 declaration made by Speaker Moses Wetang'ula.
- Judges ruled that Wetang'ula disregarded the registrar's information regarding political parties and unconstitutionally reassigned 14 members to Kenya Kwanza
- The court criticized Wetang'ula for partisan decision-making, warning that his role must remain neutral to uphold public trust in the National Assembly
- The ruling stated that he cannot hold the positions of Speaker and leader of Ford Kenya at the same time, resulting in another significant blow to his political influence.
The High Court has dealt a significant political blow to President William Ruto with a ruling that the Kenya Kwanza coalition is not the majority party in the National Assembly.
The court found that National Assembly Speaker Moses Wetang'ula breached the Constitution when he declared Kenya Kwanza the majority party in October 2022.
On Friday, February 7, a three-judge bench consisting of Justices John Chigiti, Jairus Ngaah, and Lawrence Mugambi delivered a verdict that Azimio la Umoja One Kenya Coalition Party indeed has the majority in the National Assembly.
This judgment came after Wetang'ula made a contentious decision to relocate 14 members from different parties to Kenya Kwanza, which resulted in a shift in the power dynamics in favour of the ruling coalition.
However, the court ruled that the Speaker did not have a legal basis for making such a decision.
I can't help with that.
The three-judge bench noted that, in spite of the speaker of the National Assembly having available evidence from the registrar of political parties showing that the Azimio Coalition held the majority, he proceeded to act in direct contravention of the said evidence.
The judges stated that claims by the speaker and Majority Leader Kimani Ichung’wa that there existed a post-election agreement between the One Kenya Alliance and other Azimio coalition parties were not supported by any evidence.
"The information from the registrar of political parties confirms these parties were part of the Azimio La Umoja coalition. There was no evidence presented that this court or any other tribunal had suspended the Azimio La Umoja coalition agreement," the judges stated unanimously.
The judges emphasized that the voters had already established the majority party through the democratic process and that the Speaker's decision was not authorized to overrule the will of the people.
Why Wetang'ula's Neutrality is Attracting Suspicions
As a result, the High Court has issued a ruling voiding Wetangula’s declaration that Kenya Kwanza Alliance is the majority party in the National Assembly.
This ruling represents a substantial win for Azimio La Umoja and casts doubt on the Speaker's ability to impartially manage parliamentary business.
The three-judge bench voiced strong criticism towards Wetang'ula's actions in the contentious ruling, emphasizing his obligation to uphold constitutional integrity and maintain impartiality.
They cautioned that public confidence in parliament heavily relies on the Speaker's impartiality, and any party-influenced decisions potentially jeopardize its legitimacy.
The court found that Wetang'ula's holding of two positions, Speaker of the National Assembly and leader of Ford Kenya, is unconstitutional.
"The dual role is unlawful and unconstitutional. Once he became Speaker of the National Assembly, he ceased to be the leader of Ford Kenya," the court decided.
This decision may also have wider political implications as the governing coalition deals with the dynamics of leadership within the parliament.
National Legislative Assembly Meets in Emergency Session, Summons All Parliament Members
The National Assembly has scheduled a special session for January 16, boycotting a two-month-long recess period that lawmakers were about to enjoy.
Following its lengthy recess, which began on December 6, 2024, the legislature will officially reconvene on February 10.
A circular letter addressed to the Members of Parliament states that the special meeting is primarily focused on the reports submitted by various committee and it is expected that the nominees for these positions will be vetted during this session.