NAIROBI, Kenya – In a ruling that deepens the political and legal standoff in Kenya’s National Assembly, the Court of Appeal has upheld the High Court decision recognizing the Azimio coalition as the majority party.
The decision is a major setback for National Assembly Speaker Moses Wetangula, who had sought to overturn the ruling, claiming it had disrupted parliamentary operations.
The three-judge bench dismissed Wetangula’s appeal, stating there was no evidence to support his claim that legislative functions had been paralyzed.
“Even after the contested Speaker’s ruling of 12th February 2025, the National Assembly has continued to discharge its duties, albeit with some acrimony,” the judges noted in their ruling.
The court also rejected Wetangula’s argument that a stay order was necessary to prevent further disruption, emphasizing that granting such an order would amount to prematurely endorsing the Speaker’s decision.
The High Court is yet to determine whether Wetangula’s actions complied with its earlier judgment, which declared Azimio the majority party.
The ruling also addressed concerns that the Speaker could face contempt of court charges for defying the High Court’s decision.
The judges dismissed these fears, stating, “The likelihood of a party being summoned to court to respond to an allegation of contempt of court and the attendant inconvenience or embarrassment that may be so occasioned as a result is not sufficient reason to stay court proceedings.”
This decision prolongs a contentious legal battle that has gripped the National Assembly, raising questions about the stability of Kenya’s legislative processes.
The dispute over the majority party has already fueled political tensions, with Azimio and Wetangula’s allies trading accusations of undermining democracy.
The Azimio coalition has welcomed the Court of Appeal’s decision, describing it as a victory for the rule of law.
“This ruling reaffirms our position as the legitimate majority party in the National Assembly,” said Azimio spokesperson Junet Mohamed. “We urge Speaker Wetangula to respect the court’s decision and allow the House to function without further interference.”
On the other hand, Wetangula’s allies have expressed disappointment, accusing the courts of overstepping their mandate.
“This is a judicial overreach that undermines the independence of the legislature,” said Kimani Ichung’wah, a key ally of the Speaker. “We will explore all legal avenues to ensure the Speaker’s authority is upheld.”
