NAIROBI, Kenya – National Assembly Speaker Moses Wetang’ula has vowed to challenge the declaration by the High Court that his dual role as Speaker and Ford-Kenya leader was unconstitutional, citing conflict of interest.
The three-judge bench that made the ruling on Friday, February 7, 2025, comprised Justices John Chigiti, Jairus Ngaah, and Lawrence Mugambi.
“The holding of the Speaker as leader of Ford-Kenya and, at the same time, a key official in Kenya Kwanza evokes the appearance of bias and undermines the independence of Parliament,” Justice Mugambi stated.
But in a quick rejoinder, Speaker Wetang’ula, through his legal advisor Benson Milimo, said the Ford Kenya Party shall appeal against that decision of the High Court.
“The High Court ruling has no consequential effect. There is no change of status. Moses Masika Wetang’ula remains the party leader of Ford Kenya as well as the Speaker of the National Assembly,” said Milimo.
Why Benson Milimo thinks there is no cause for alarm
Milimo said that Ford Kenya will continue with its membership structure.
“Ford Kenya Party will remain firm, stable, and ready to participate in the 2027 General Election as a united party that has a future and whose future has not only high potential but is as bright as it is supposed to be today, tomorrow, and forever,” he explained.
Milimo also moved to assure Kenyans and the Ford Kenya fraternity that there was no cause for alarm following the court ruling.
“What the court did was to make comments that are not binding and have no consequential effect. The court had no point and time ruled that the speaker should cease holding the office of the speaker, nor did it rule that the speaker should cease holding the position of the Ford Kenya Party leader,” he explained.
Meanwhile, the High Court also overturned Wetang’ula’s decision that declared the Kenya Kwanza coalition as the majority party in Parliament, ruling instead that Azimio la Umoja One Kenya Alliance rightfully holds the majority status.
In the landmark ruling, the bench found that Wetang’ula acted unreasonably in assigning 14 defecting members of Azimio to Kenya Kwanza, despite a lack of post-election coalition agreements to justify the move.
How Speaker Moses Wetang’ula had defended himself
The contested lawmakers were from four parties—United Democratic Movement (UDM), Movement for Democracy and Growth (MDG), Maendeleo Chap Chap (MCC), and Pamoja African Alliance (PAA).
Wetang’ula had argued that these MPs had renounced their affiliation with Azimio in formal letters to his office.
However, the judges noted that no credible evidence was presented to support the claim.
“When he signed an affidavit in court to oppose the case, he did not provide any evidence of any post-election agreements involving the said parties and Kenya Kwanza,” the ruling stated.
The judges also dismissed claims by Majority Leader Kimani Ichung’wah that coalition agreements were tabled in Parliament, pointing out that no such documents were exhibited in court.
