The Lower Eastern Times Opening The Third Eye
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The High Court has overturned a ruling by National Assembly Speaker Moses Wetang’ula, who had declared the Kenya Kwanza coalition as the majority party in Parliament.
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A three-judge bench, consisting of Justices John Chigiti, Jairus Ngaah, and Lawrence Mugambi, ruled that the Azimio la Umoja One Kenya Alliance is the rightful majority alliance in the National Assembly.
In a significant ruling, the court found that Wetang’ula acted unreasonably when he assigned 14 members of the Azimio coalition who had resigned from the alliance to the Kenya Kwanza coalition.
The case was brought before the court by Ken Njagi, advocate Lempaa Soyinka, and 10 other petitioners, represented by Advocate Kibe Mungai.
Wetang’ula had argued that several Azimio members had officially informed his office of their departure from the Raila Odinga-led political alliance. These members were 14 MPs from four parties: the United Democratic Movement (UDM), Movement for Democracy and Growth (MDG), Maendeleo Chap Chap (MCC), and Pamoja African Alliance (PAA).
However, the bench pointed out that Wetang’ula failed to provide evidence of any post-election agreements between these parties and the Kenya Kwanza coalition when he filed an affidavit in opposition to the case.
Although Wetang’ula had claimed that these parties had signed agreements with the Kenya Kwanza coalition and submitted them to the registrar of political parties, the judges noted that no such documents were presented in court.
The judges emphasized that, without proof, Wetang’ula’s decision could not be upheld. They also noted that even Kimani Ichung’wah, who claimed to have presented these agreements in Parliament, did not provide any evidence in court.
Additionally, the court stated that Wetang’ula had no grounds to disregard the Registrar of Political Parties’ ruling on the membership of the Azimio and Kenya Kwanza coalitions.
According to records from the Registrar, as of April 21, 2022, the Azimio coalition included 26 political parties, while Kenya Kwanza had 15.
In conclusion, the bench ruled that Wetang’ula’s decision concerning the National Assembly’s leadership violated Article 108 of the Constitution, which defines the roles of the leader of the majority party (the largest party or coalition) and the leader of the minority party (the second-largest party or coalition).
The judges also declared Wetang’ula’s dual role as Speaker and leader of Ford-Kenya and a key figure in the Kenya Kwanza coalition unconstitutional.
Justice Mugambi pointed out that Wetang’ula’s involvement in both political roles created a perception of bias and undermined the independence of Parliament.
In their unanimous ruling, the judges stated that Wetang’ula could not perform political duties while holding the position of Speaker.
