The Court of Appeal ruled on the push for the resignation of National Assembly Speaker Moses Wetang’ula after a ruling by the High Court of Kenya held that the Speaker cannot serve as a leader of a political party.
In a Friday, March 21, ruling on an appeal filed by the National Assembly, the court said that there was no dispositive order that was made by the High Court regarding the dual role of Wetang’ula as Speaker and party leader of Ford Kenya.
“Regarding Hon. Wetangula’s dual role as Speaker of the National Assembly and leader of Ford Kenya, it was submitted, and rightly so, that there was no dispositive order that was made by the High Court on the issue. In the circumstances, we cannot pronounce ourselves on the same in an application for a stay of proceedings or execution as the one before us. We can only stay a positive order that was issued by the trial court,” the ruling reads in part.
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Ruling on Azimio being majority party
On the other hand, the Court of Appeal dealt a blow to Wetangula’s efforts to overturn the decision by the High Court which declared the Azimio la Umoja coalition as the Majority party in parliament.
The Speaker had appealed the ruling, arguing that it had severely disrupted legislative functions.
However, the Court of Appeal dismissed this claim, holding that there was no sufficient evidence to prove that parliamentary business had been paralyzed.
“Even after the contested Speaker’s ruling of 12th February 2025, the National Assembly has continued to discharge its duties, albeit with some acrimony,” the judges noted.
Further, the Court ruled that granting a stay order would amount to prematurely endorsing the Speaker’s decision, as the High Court had yet to determine whether it complied with its earlier judgment.
The ruling comes after petitioners took issue with Wetang’ula’s dual role of being Speaker and party leader of Ford-Kenya Party, which was a member of Kenya Kwanza coalition.
They contended that the Speaker was conflicted to the extent that, going by his political inclination, he would be biased towards driving Kenya Kwanza’s political agenda in discharge of his functions as the Speaker of the National Assembly.
Petition against Wetang’ula
In addition, they argued that the holding of two positions by Wetang’ula was untenable as it was contrary to the Constitution, which establishes a presidential form of Page 17 of 38 government in which the three arms of the government are independent of each other.
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Among the orders sought in the petition included a declaration that on account of the Wetangula’s position as the leader of the Ford-Kenya party, as a member of the party leaders forum of Kenya Kwanza alliance and an ex-officio member of coalition parliamentary group of Kenya Kwanza alliance, the Speaker was not eligible to be elected as the speaker of the National Assembly in the 13th Parliament.
The petitioners sort for a declaration be issued to declare that by dint of Articles 50 (1) and 75 (1) of the Constitution and the doctrine of the separation of powers, Wetang’ula was not lawfully elected as or to continue serving as the speaker of the National Assembly of Kenya.
In addition, the petitioners sort an order of certiorari be issued to quash the election of Wetang’ula as the Speaker of the National Assembly.
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