NAIROBI, Kenya – The High Court has set July 10, 2025, as the date to hear a case seeking the removal of National Assembly Speaker Moses Wetang’ula for allegedly defying court orders that declared Azimio la Umoja the majority party in Parliament.
A three-judge bench, consisting of Justices Jairus Ngaah, John Chigiti, and Lawrence Mugambi, will review the matter and determine whether Wetang’ula’s actions amount to contempt of court.
The case, filed by a group of political activists, accuses Wetang’ula of undermining a February 7, 2025, ruling that confirmed Azimio la Umoja One Kenya Coalition as the majority party.
The activists, represented by lawyer Kibe Mungai, argue that Wetang’ula violated the court’s judgment by re-designating Azimio as the minority party and declaring the Kenya Kwanza Coalition as the majority.
In response, Wetang’ula has sought to have the contempt proceedings dismissed.
Through his lawyer Judith Guserwa, Wetang’ula contends that no specific court order was violated, arguing that the ruling did not issue directives enforceable through contempt proceedings.
“There was no dispositive order that was made by this court capable of being violated by the Speaker and the National Assembly, or enforced by this court in the exercise of its contempt jurisdiction,” Wetang’ula stated in his preliminary objection.
Additionally, Guserwa maintains that the contempt application violates Article 117 of the Constitution, which shields parliamentary proceedings and decisions from judicial scrutiny.
“The application of contempt against the Speaker in relation to the discharge of his official duties is in direct violation of the powers, privileges, and immunities of Parliament as provided in Article 117 of the Constitution,” she argued.
Wetang’ula also claims that the application is procedurally defective, arguing that it attempts to litigate a new cause of action and infringe upon his right to a fair hearing.
The National Assembly, represented by Sandra Nganyi, supports Wetang’ula’s position, asserting that the activists are attempting to reopen a concluded matter.
The activists have also asked the court to amend the judgment of February 7 to bar Wetang’ula from holding both the position of Speaker and leader of Ford Kenya, arguing that the dual role is unconstitutional.
They further seek the nullification of Wetang’ula’s February 12 decision that declared Kenya Kwanza as the Majority and Azimio as the Minority, claiming it contravened both the Constitution and the court’s earlier ruling.
The case will be heard on July 10, 2025, by the three-judge bench.
