A three-judge bench declared Azimio coalition as the Majority party in Parliament.
The bench comprising of judges John Chigiti, Lawrence Mugambi and Jairus Ngaah have also declared that the Speaker of Parliament Moses Wetangula violated the Constitution in making the controversial determination on who the Majority Leader is.
The ruling stems from a decision made by the Speaker on October 6, 2022, when 14 members from various parties were assigned to Kenya Kwanza, tipping the scales in favor of the coalition and enabling it to claim majority status.
However, the court found that the Speaker had no justifiable basis for the reassignments and quashed the decision dates October 6 2022 that declared Kenya Kwanza as the majority party in the House.
Wetangula, decreed that Kenya Kwanza has 179 members in the House against Azimio la Umoja One Kenya coalition party’s 157.
The Speaker , according to documents from the Registrar of Political Parties, Azimio coalition party comprised of 26 political parties while Kenya Kwanza had 15, as at April 21, 2022.
“The speaker can’t fault the registrar of political parties. She couldn’t provide what she did not have…The speaker ought to have exhibited the agreement which were alleged to have been presented during the debate without the post election coalition agreements he had not basis to this regar,”the court ruled.
Delivering the unanimous judgment, the judges criticized the Speaker’s actions, emphasizing the importance of impartiality and adherence to constitutional principles.
They highlighted that the Speaker is a key figure in maintaining public trust in the parliamentary process.
“By assigning Kenya Kwanza the 14 members of the parties without any reason and declaring Kenya Kwanza as the majority leader, it follows that the Speaker violated the Constitution,” the judges said.
They noted that the Speaker’s role is to act as a neutral arbiter, independent of political pressures.
The judges further warned that public confidence in Parliament depends heavily on the Speaker’s actions, adding that public trust can be gained or easily eroded if constitutional violations occur.
Further the court said that being the leader of Ford Kenya ,Moses Wetangula undermines his role as a speaker of National Assembly.
“The duo role is unlawful and unconstitutional,” the court noted
The judges added when he was elected the speaker of the Assembly he seized to be leader of Ford Kenya.
The three judge bench declined to suspend its decision as sought by the state directing they file a formal application.
The case was filed in court by Ken Njagi, advocate Lempaa suyinka and 10 others represented by Advocate Kibe Mungai.
This ruling has significant implications for the leadership structure in Parliament.
It questions the legitimacy of decisions made under Kenya Kwanza’s assumed majority status.
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