National Assembly Speaker Moses Wetang’ula on Friday, February 8, reacted to the recent High Court ruling stating that he will not resign as the Speaker of the August House and as the party leader of Ford-Kenya.
The High Court ruling delivered earlier in the day had declared that President William Ruto’s Kenya Kwanza coalition was not the majority party in the National Assembly and that Wetang’ula’s dual role as the Speaker and party leader of Ford Kenya was unconstitutional.
“The dual role is unlawful and unconstitutional. Once he became Speaker of the National Assembly, he ceased to be the leader of Ford Kenya,” noted the three-judge bench composed of Justices John Chigiti, Lawrence Mugambi, and Jairus Ngaah.
Through his legal advisor, Benson Milimo, Wetang’ula responded to the court’s ruling, declaring he would not step down from his senior position in the National Assembly and his party.
A photo collage of the National Assembly Speaker Moses Wetang’ula and Members of Parliament at a past sitting.
Photo
Kenyans.co.ke
“There is absolutely no change of status. Dr Moses Masika Wetang’ula remains the party leader of Ford Kenya as well as the Speaker of the National Assembly,” Milimo noted.
Wetang’ula further dismissed the court ruling as “ordinary,” noting that the court’s determination had no impact on the current situation at hand.
“I want to assure the nation and the Ford Kenya fraternity that there is no cause for alarm. What the court did was to make comments, which ordinarily is called per incuriam in law. Comments that are not binding and have no consequential effect. The court at no point ruled that the Speaker should therefore cease holding the Office of the Speaker, nor did it rule that the Speaker should cease holding the title of Ford Kenya Party leader,” he added.
Additionally, Milimo stated that they would file an appeal challenging the decision that places Wetang’ula between a rock and a hard place in terms of performing his legislative and political duties.
Dig Deeper: The latest court ruling was a product of a dispute that arose regarding which coalition held the majority following the 2022 general elections.
On October 6, 2022, National Assembly Speaker Wetang’ula declared the Kenya Kwanza Coalition the majority party. Members of the Azimio la Umoja One Kenya Coalition contested this decision, arguing that they had more members and should be recognised as the majority.
In his ruling, Wetang’ula stated that, after considering post-election agreements, Kenya Kwanza had 179 members, while the Azimio coalition had 157.
Wetang’ula emphasised that coalitions are dynamic, noting, “Coalitions are not cast in stone and are an evolving arrangement that can occur both before and after the elections.”
However, 12 Kenyans filed a petition in court, arguing that the Azimio Coalition held the majority with 171 MPs while the Kenya Kwanza Coalition had 156 legislators. They filed a petition challenging the Speaker’s declaration, asserting that it violated the Constitution and the Standing Orders of the National Assembly.
A three-judge bench agreed, saying Wetang’ula lacked sufficient evidence to make the determination. The court found that the Speaker had no justifiable basis for reassigning 14 members from various parties to Kenya Kwanza, a move that tipped the balance in favour of the coalition.
It remains to be seen how Parliament will operate in light of the new ruling.
An undated image of National Assembly Minority Leader Junet Mohamed (left) and Majority Leader Kimani Ichung’wa.
Photo
Junet Mohammed, Kimani Ichung’wa