The High Court has today Friday February 7 ruled on the decision by National Assembly Speaker Moses Wetangula declaring Kenya Kwanza constitutes the majority in parliament.
A three-judge bench has declared that the Kenya Kwanza coalition led by President William Ruto is not the majority party in the National Assembly.
The court found out that the National Assembly Speaker Moses Wetang’ula violated the Constitution in making the controversial determination.
Moses Wetangula had declared that President William Ruto-led Kenya Kwanza constitutes the majority in the House in 2022.
He further reassigned 14 members from various parties to Kenya Kwanza in October 2022, tipping the balance in favour of the coalition and enabling it to claim majority status.
Court Declares Kenya Kwanza not the Majority in Parliament
In his statement, Wetang’ula had noted that with the reassignment of the 14 members, the Kenya Kwanza coalition stood at 179 members, while Azimio had 157.
He declared, He added: “With the 14 members, the membership of the Kenya Kwanza coalition stands at 179 members, while the membership of the Azimio la Umoja One Kenya coalition party stands at 157.”
“This, by implication, indicates that the Kenya Kwanza coalition is the majority party, and the Azimio la Umoja One Kenya coalition party is the minority party in this House.”
Also Read: Wetangula To Make Ruling on House Majority Stalemate
However, the court ruled that the Speaker had no justifiable basis for these reassignments and quashed the decision that had declared Kenya Kwanza as the majority party.
“By assigning Kenya Kwanza the 14 members from other parties without justification and declaring it the majority party, the Speaker violated the Constitution,” the court ruled.
According to documents from the Registrar of Political Parties, Azimio coalition party comprised of 26 political parties while Kenya Kwanza had 15, as of April 21, 2022.
Wetang’ula alleged that some members had been coerced or pressured into joining one of the coalitions, terming it a serious violation of democratic rights and freedoms.
“This, if true, is a serious affront to the democratic rights and freedoms that we enjoy in this country,” he stated.
He further argued that the letter from the Registrar of Political Parties could not be solely relied upon to determine the majority and minority parties, given the existing constitutional petitions and objections.
Also Read: Kenya Kwanza Declared Majority in Parliament
High Court Rules Wetang’ula Violated Constitution
While delivering the unanimous judgment, Justices John Chigiti, Lawrence Mugambi, and Jairus Ngaah faulted Wetang’ula for his decision, emphasizing the need for impartiality and strict adherence to constitutional principles.
“The Speaker cannot fault the Registrar of Political Parties. She could not provide what she did not have,” the court ruled.
“The Speaker ought to have presented the agreements that were allegedly submitted during the debate. Without the post-election coalition agreements, he had no basis for his decision.”
Wetang’ula Accuses Azimio of Seeking Majority Status Through ‘Second Skin’
Additionally, Speaker Wetang’ula had accused Azimio of contesting the National Assembly’s majority status through what he termed as its “second skin.”
He argued that no member was elected or nominated to Parliament on an Azimio ticket, but rather through the various constituent parties that form the coalition party.
“In the last General Election, it is evident that Azimio la Umoja One Kenya elected to behave as several political parties in certain categories of elections, and as one political party with regard to the election of the president,” he said.
“It is without doubt that if it were to be considered as a political party, Azimio la Umoja One Kenya coalition party has no elected member in this House today, as no member was elected under its banner.”
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