The Lower Eastern Times Opening The Third Eye
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On Tuesday, a group of opposition-affiliated MPs occupied seats traditionally reserved for the majority party in the National Assembly.
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These Azimio MPs prevented Deputy Majority Leader Owen Baya, representing the majority leader, from presenting reports as required by the Standing Orders.
This action follows a High Court ruling that declared the Azimio La Umoja Coalition Party as the majority in the House.
When the National Assembly reconvened after a two-month break, Azimio-allied MPs took their seats on the right-hand side of the chamber, a section usually designated for government-affiliated members.
On October 6, 2022, National Assembly Speaker Moses Wetang’ula had declared the Kenya Kwanza Alliance as the majority coalition. This ruling came after 14 Azimio MPs defected to the ruling coalition, tipping the balance in Kenya Kwanza’s favor.
However, a three-judge bench from the High Court later ruled that Wetang’ula’s decision was unconstitutional. The court found that the Speaker had no legitimate basis for the reassignment of majority status and annulled the declaration that Kenya Kwanza was the majority party.
According to Wetang’ula’s ruling, Kenya Kwanza had 179 members in the National Assembly, while Azimio had 157. Yet, official records from the Registrar of Political Parties showed that as of April 21, 2022, Azimio consisted of 26 parties, while Kenya Kwanza had 15.
The court criticized Wetang’ula’s actions, stating that he should have presented the necessary coalition agreements to justify his decision. Without these post-election agreements, the Speaker had no grounds for declaring Kenya Kwanza the majority party.
In a unanimous judgment, Justices John Chigiti, Lawrence Mugambi, and Jairus Ngaah stressed the importance of impartiality and adherence to constitutional principles. They noted that the Speaker must act as a neutral figure, free from political influence, to maintain public trust in Parliament.
The court emphasized that by declaring Kenya Kwanza the majority party without proper justification, Wetang’ula had violated the Constitution and undermined public confidence in the parliamentary process.
