Wamuzi News Ke
A High Court panel comprising three judges has ruled that President William Ruto’s Kenya Kwanza coalition does not hold the majority in the National Assembly, declaring that Speaker Moses Wetang’ula violated the Constitution in his controversial decision.
The verdict stems from Wetang’ula’s ruling on October 6, 2022, where 14 lawmakers from various parties were moved to Kenya Kwanza, shifting the power balance in its favor. However, the court found that the Speaker had no legal grounds for this move and nullified the declaration of Kenya Kwanza as the majority party.
Wetang’ula had placed Kenya Kwanza’s numbers at 179 MPs against Azimio la Umoja One Kenya’s 157. Yet, official records from the Registrar of Political Parties showed that as of April 21, 2022, Azimio comprised 26 parties, whereas Kenya Kwanza had only 15.
“The Speaker had no authority to challenge the Registrar of Political Parties, who could only provide information available in official records. Without post-election coalition agreements, his decision had no foundation,” the court ruled.
In their unanimous judgment, Justices John Chigiti, Lawrence Mugambi, and Jairus Ngaah criticized the Speaker’s approach, stressing that his actions compromised constitutional integrity and the neutrality expected of his office.
“By allocating 14 members to Kenya Kwanza without proper justification and declaring it the majority party, the Speaker acted unconstitutionally,” they affirmed.
The court further underscored the need for the Speaker to remain an impartial figure, warning that any bias could erode public confidence in Parliament.
Additionally, the judges ruled that Wetang’ula’s simultaneous roles as Speaker and leader of Ford Kenya were unconstitutional.
“The law does not permit him to hold both positions. Upon assuming the Speaker’s office, he automatically ceased to be Ford Kenya’s leader,” they stated.
This landmark ruling casts doubt on past parliamentary decisions made under Kenya Kwanza’s assumed majority and signals potential political realignments in the National Assembly.
