The ruling originates from a decision made by the Speaker at the time, in which 14 members from different parties were reassigned to Kenya Kwanza, shifting the balance in the coalition’s favour and allowing it to secure majority status.
The Kenya Kwanza coalition led by President William Ruto is not the majority party in the National Assembly, the High Court has ruled.
A three-judge bench on Friday, February 7 found that Speaker Moses Wetang’ula violated the Constitution in making the determination on October 6, 2022, thought to have sparked controversy.
The ruling originates from a decision made by the Speaker at the time, in which 14 members from different parties were reassigned to Kenya Kwanza, shifting the balance in the coalition’s favour and allowing it to secure majority status.
However, the court ruled that the Speaker had no valid justification for the reassignments and nullified the decision that had designated Kenya Kwanza as the majority party.
National Assembly Speaker, Moses Wetangula during a past House session. /FILE
The Speaker had then determined that in factoring in the post-election formations, Kenya Kwanza was the majority coalition in the National Assembly with 179 MPs against Azimio la Umoja coalition’s 157.
However, official records from the Registrar of Political Parties showed that as of April 21, 2022, Azimio consisted of 26 political parties, while Kenya Kwanza had only 15.
“The Speaker cannot fault the Registrar of Political Parties. She could not provide what she did not have. The Speaker ought to have presented the agreements that were allegedly submitted during the debate. Without the post-election coalition agreements, he had no basis for his decision,” the court ruled.
In delivering the unanimous judgment, Justices John Chigiti, Lawrence Mugambi, and Jairus Ngaah condemned the Speaker’s actions, stressing the importance of impartiality and strict adherence to constitutional principles. They highlighted the Speaker’s vital role in upholding public trust in the parliamentary process.
“By assigning Kenya Kwanza the 14 members from other parties without justification and declaring it the majority party, the Speaker violated the Constitution,” the court ruled.
The 14 MPs in question were drawn from four parties – United Democratic Movement (UDM), Movement for Democracy and Growth (MDG), Maendeleo Chap Chap (MCC), and Pamoja African Alliance (PAA).
The judges further emphasized that the Speaker must remain a neutral arbiter, independent of political influence. They cautioned that public trust in Parliament largely hinges on the Speaker’s conduct, and any breach of constitutional principles could significantly undermine this confidence.
Moreover, the court ruled that Wetang’ula’s simultaneous roles as Speaker and leader of Ford Kenya were unconstitutional.
“The dual role is unlawful and unconstitutional,” the court noted. “Once he became Speaker of the National Assembly, he ceased to be the leader of Ford Kenya.”
This ruling carries major consequences for Parliament’s leadership structure. It not only calls into question the validity of decisions made under Kenya Kwanza’s presumed majority but also reinforces the judiciary’s role in safeguarding the rule of law.
It remains uncertain whether this decision will trigger a realignment within Parliament, particularly the National Assembly, which operates with the Majority and Minority sides as different arms. The majority side is tasked with driving the House business, that is, motions to be discussed and bills or motions emanating from the government.
Also, the division and control of Parliamentary Committees is determined based on the Majority and Minority sides.
The decision, despite its significance, is unlikely to rattle Kenya Kwanza given that some Azimio MPs began warming up to President Ruto after the formation of a broad-based government.
