National Assembly Speaker Moses Wetang’ula has addressed the ongoing calls from Members of Parliament (MPs) requesting him to step down from his position.
Wetang’ula said there is no motion before Parliament for him to step down.
“Neither the court nor anybody else can make decisions that affect this House. It is only you members who can decide,” he said
This comes after Suba North MP Millie Odhiambo asked Wetang’ula to step down from his role and allow his Deputy Speaker Gladys Boss Shollei to preside over the House business.
While riding on a standing order, Odhiambo asked the Speaker to resign from the proceeding as the court ruling found that the speaker could harbour a conflict of interest as he remains the Party Leader of Ford Kenya and Speaker of the National Assembly.
“Mr Speaker if you look at the court’s judgment, they inferred that because of your conflicting positions as Speaker and party chair. I humbly request you to step down and mandate Gladys Boss Shollei to take over in discharging the functions as the speaker,” she said.
Wetang’ula Speaks on Stepping Down as National Assembly Speaker
Wetang’ula in response, said that he does not vote or debate, but holds a position of honor to presides over the Parliament proceedings.
“I am a senior lawyer in this country, and I am your senior, Milly Odhiambo. I have read the judgment with a fine-tooth comb. The judgment is referring to does not require the Speaker to do what she is saying more particularly the final findings of that judgement,” he added.
Also Read: Wetang’ula Speaks After Court Rules on His Dual Role as Speaker and Party Leader
The Speaker argued that in similar situations, during past parliamentary proceedings, Speakers presided over several proceedings, including one to impeach them.
“In similar situations, during the Tenth Parliament, a motion was brought to the House by Kibwezi West MP Patrick Musimi to discuss the conduct and possible vacation of former Speaker Justin Muturi. He presided over the debate, and the vote was taken, with the motion proceeding as it did,” he stated.
“During the seventh parliament, when I was a freshman in this parliament, James Orengo brought a motion to discuss the conduct and character of the then Speaker, Francis Kausau Ole Kaparo. He presided over the motion, it was debated and put to a vote. Neither Muturi nor Kaparo left office on the basis of any motion,” he added.
Also Read: Wetang’ula Recognizes Junet Mohammed as Majority Leader
High Court Ruling on Dual Role
While delivering the unanimous judgment on Friday, February 7, a three-judge bench of the High Court ruled that Wetang’ula’s dual role as both Speaker and leader of Ford Kenya was unconstitutional.
High court Justices John Chigiti, Lawrence Mugambi and Jairus Ngaah found Wetang’ula in blatant violation of the Constitution, stating that he should have stepped down as Party Leader upon assuming the Speakership.
“The dual role is unlawful and unconstitutional. Once he became Speaker of the National Assembly, he ceased to be the leader of Ford Kenya,” the court ruled.
Earlier, Wetang’ula through his lawyer Benson Milimo dismissed the court’s ruling terming the decision as mere “ordinary comments” in law that are non-binding and have no consequential effect.
“I want to assure the nation and the Ford Kenya fraternity that there is absolutely no cause for alarm,” Wetang’ula said in a statement through his legal advisor, Milimo.
“What the court did was make comments—what the law terms as ‘obiter dictum’—which are non-binding and have no consequential effect,” he said.
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