National Assembly Speaker Moses Wetang’ula has responded to a court ruling on whether he should continue leading Ford Kenya while holding the Speaker’s position.
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.
Wetang’ula Dismisses Court Ruling
Milimo further emphasized that at no point did the court state that Wetang’ula should vacate his position as Speaker of the National Assembly or cease being the Party Leader of Ford Kenya.
Milimo said the Ford Kenya party will appeal against the court’s decision and there is no change of status.
“This means that Moses Masika Wetang’ula remains the Party Leader of Ford Kenya as well as Speaker of the National Assembly. The Simba Party remains intact, stable, and ready to participate in the 2027 General Election.”
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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.
Also Read: Court Rules Azimio is the Rightful Majority Party – Here are the Challenges Ahead
Petition Challenging Wetang’ula’s Dual Role as Speaker and Party Leader
This came after a case filed in 2023 by 12 registered voters challenged Wetang’ula’s continued leadership of Ford Kenya despite his election as Speaker.
The petitioners argued that his dual role is unconstitutional, given that the Speaker is required to be a neutral arbiter.
They contended that as Speaker, Wetang’ula is an ex-officio member of the Kenya Kwanza coalition’s parliamentary group, raising concerns about his political impartiality.
Wetang’ula has faced mounting pressure to step down as Ford Kenya leader, with critics arguing that his political affiliations compromise his ability to preside over parliamentary affairs fairly.
The law requires the Speaker of either House of Parliament to remain neutral and beyond any party’s interests.
In the same ruling, the court declared that the Kenya Kwanza coalition led by President William Ruto is not the majority party in the National Assembly.
The bench found that Wetang’ula erred when he declared Kenya Kwanza the Majority Party on October 6, 2022. His decision was described as “Solomonic” but was ultimately deemed unconstitutional.
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