The High Court ruling declaring Moses Wetangula’s dual role as the Speaker and party leader of Ford Kenya unconstitutional has sparked reactions from politicians, experts and Kenyans.
In a ruling on February 7, the court also declared that President William Ruto’s Kenya Kwanza coalition was not the majority party in the National Assembly pegging the question about its legitimacy.
Wetangula dismissed the ruling on his dual role as Speaker and Ford Kenya party Leader, terming the decision as mere “ordinary comments” in law that are non-binding and have no practical effect.
His legal advisor Benson Milimo said the court did not rule that Wetang’ula should vacate his position as Speaker of the National Assembly or cease being the Party Leader of Ford Kenya party.
Further, Milimo said Wetangula would appeal the High Court’s decision, emphasizing that the ruling has no effect on his position as Speaker.
Expert Dismiss Wetangula’s Argument
Speaking to The Kenya Times, political analyst Maimuma Mwidau explained that Wetangula ceased being Ford Kenya party leader immediately he took over the speaker’s position.
She said the same applies to Senate Speaker Amason Kingi who is Pamoja African Alliance (PAA) party leader.
“Legally, once an elected member is again elected as Speaker, he automatically ceases to be head of the political party. He does not need to resign,” Mwidau said.
“There is the political perception and there is the law. The law says once you become a public officer you cannot be a head of a political party.”
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Wetangula & Kingi Still Listed as Party Leaders
Besides, Mwidau mentioned that the two might have resigned but kept it away from the public.
“You can find that there is an official resignation but they have kept it out of the public,” she said.
However, FORD Kenya and PAA’s website as of 10 am February 9, still listed Wetangula and Kingi as leaders of their respective parties.
Maimuma said the two are showing a political face since most Kenyans normally don’t understand the Constitution.
“In reality, they are no longer party leaders. The political perception is different from the legal perception,” she said.
Why They Fear Leaving Party Positions
She explained that Wetangula and Kingi might not be comfortable handing over their party positions as Prime CS Musalia Mudavadi did.
Maimuna pointed out that the two depend on their parties to negotiate at the national level hence the decision to hold onto them.
‘Their strength come from the political parties. The majority of Kenyans don’t know the law so you can take for a ride and behave like you are still a party leader when legally you are not,” she said.
“The national delegate conference is the one that approves the party leader. So if he still sits as a speaker, he cannot sit in the NDC.”
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Havi & Orengo Calls After Ruling
Former LSK President Nelson Havi said Wetangula stopped being the speaker after the court ruling.
Havi said the National Assembly should have an election to pick another speaker immediately.
“Wetangula ceased being speaker upon delivery of the judgment declaring his dual position of Speaker of National Assembly and Party Leader of Ford-Kenya as unlawful and unconstitutional. A competent Speaker should be elected without any further delay,” Havi said.
Senior Counsel and Siaya Governor James Orengo asked the ODM party to use the court ruling and grab the opportunity to be majority in the National Assembly.
He said ODM is better off having the majority as opposition than being part of the broad-based government.
“The court has said Azimio of the majority party, don’t leave this opportunity. Instead of sitting at a table with whoever is ruling, the court is giving what belongs to you,” Orengo said.
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