The National Assembly Speaker Moses Wetang’ula has filed an application challenging a petition at the High Court of Kenya in which a group of petitioners wants the Speaker cited for contempt of court concerning his ruling on House leadership.
Speaker Wetang’ula, on February 12, 2025, ruled that Kenya Kwanza is the majority in Parliament despite a High Court ruling that stripped the ruling party of its status.
Following the ruling, a group of activists filed an application before the Milimani law court seeking to find the Speaker guilty of contempt of court and to jail him for allegedly disregarding the court’s verdict on the majority party leadership in the House.
However, Wetang’ula and the National Assembly, in a preliminary application objection filed at the High Court, argue that the contempt of court application concerning the said ruling was defective and in breach of their right to a fair hearing.
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Why Wetang’ula wants judges to spare him
Both parties, through their legal teams, in the application, argue that the contempt of court proceedings are “an attempt to litigate a new cause of action” and therefore asked the bench to strike it out.
“There is no dispositive order that was made by this Honourable Court capable of being violated by the 3rd and 4th respondents to constitute the contempt proceedings,” reads part of the application.
“There is no order of the Court that required the 3rd and 4th respondents to do or refrain from doing anything capable of being enforced through contempt proceedings.”
The contempt of court application was filed by 12 parties including Kenneth Njagi, Meshack Suba Churchill and Caroline Mogaka, against the aforementioned Speaker’s ruling.
During a mention of the case on Friday, April 4, High Court Judges Justices Jairus Ngaah, John Chigiti and Lawrence Mugambi directed that the respondents should file their responses to the said preliminary objection within 10 days.
The Speaker and the National Assembly were also directed to file their responses to the contempt of court application within the same timeframe.
According to the Contempt of Court Act, a person who is convicted of contempt of court is liable to a fine not exceeding Ksh200,000 or to imprisonment for a term not exceeding six months, or to both.
The court may order that the accused person be detained in police custody until the rising of the court.
“A court may at any time revoke an order of committal made under subsection (2) and, if the offender is in custody, order his discharge. Subject to subsection (1), the accused may be discharged or the punishment awarded may be remitted on apology being made to the satisfaction of the court,” reads part of the Act.
Where a person is found guilty of civil contempt, the court may if it considers that the fine will not meet the ends of justice and that imprisonment is necessary direct that the person be detained in civil jail for such period not exceeding six months as the court may deem fit.
Ruling on Azimio being majority party
In his February ruling, Speaker Wetang’ula declared the Kenya Kwanza Coalition as the Majority Party and Azimio la Umoja-One Kenya as the Minority Party in the House.
Also Read: Court of Appeal Rules on Push for Wetang’ula Resignation
The said ruling came after the High Court faulted an earlier verdict by the Speaker dating back to August 2022, when he declared Kenya Kwanza as the majority and Azimio as the minority.
Both coalitions and their respective leadership offices are listed as respondents in the application.
The justices have directed the parties to appear on July 17 for the highlighting of submissions and hearing of the matter.
Meanwhile, the National Assembly has since appealed the High Court verdict on the House Leadership matter before the Court of Appeal.
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