NAIROBI, Kenya – The legal team representing National Assembly Speaker Moses Wetang’ula has refuted claims that a recent High Court ruling undermines his leadership in the House.
Lawyer Milimo Kitinda, speaking on behalf of the Speaker, clarified that the ruling has not challenged the Speaker’s February 12, 2025, communication on the majority and minority leadership.
In an interview at his office, Kitinda emphasized that Wetang’ula’s latest directive on parliamentary leadership remains legally binding.
“No court has overturned or disagreed with his decision that Kenya Kwanza is the majority in the National Assembly,” Kitinda stated.
Kitinda explained that the High Court ruling nullified the Speaker’s October 2022 decision on coalition leadership, effectively creating a gap that Wetang’ula was constitutionally obligated to address.
“The High Court’s decision created a leadership vacuum. As the constitutional authority on parliamentary leadership, the Speaker had a duty to fill that gap,” Kitinda said.
The legal team’s argument hinges on the dynamic nature of political coalitions in Kenya.
According to Kitinda, parliamentary coalitions cannot remain static throughout an electoral cycle.
“The idea that political alignment at the time of elections must remain unchanged for five years is legally unsound,” he argued, citing instances where parties have shifted affiliations post-election.
Kitinda pointed to Narc-Kenya’s withdrawal from the Azimio coalition as an example of the fluidity of political alliances.
“Would anyone argue that Narc-Kenya is still bound by the pre-election agreement with Azimio? The answer is absolutely no,” he noted.
He further raised questions about changes in parliamentary composition due to factors such as deaths, by-elections, and court rulings.
“If a coalition had 50 MPs and one dies, does the number remain the same? If a court nullifies an election, does that party still hold the same strength? The reality is that political dynamics shift,” Kitinda explained.
The case also addressed whether Wetang’ula can simultaneously serve as Speaker and hold a leadership position within the Kenya Kwanza alliance.
Kitinda dismissed concerns over dual roles, citing the Court of Appeal’s stance that the High Court had not issued any final orders on the matter.
“The Court of Appeal stated that if issues arise, including potential contempt proceedings, they will be addressed at the appropriate time,” he said.
Kitinda reaffirmed that there is no legal basis for claims that Wetang’ula’s dual roles violate any laws.
“There is absolutely no court order barring the Speaker from holding both positions. Any suggestion of contempt is legally baseless,” he asserted.
As the Court of Appeal prepares to fast-track hearings on the substantive appeal, Kitinda expressed confidence in the Speaker’s legal standing.
“We expect the Court of Appeal to provide further clarity on coalition realignments and whether the High Court’s interpretation of party composition was correct,” he concluded.
