NAIROBI, Kenya – The High Court has overturned National Assembly Speaker Moses 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 a landmark judgment, a three-judge bench comprising Justices John Chigiti, Jairus Ngaah, and Lawrence Mugambi 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.
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.
Furthermore, the ruling emphasized that Wetang’ula had no legal grounds to override the Registrar of Political Parties’ records, which showed that, as of April 21, 2022, Azimio comprised 26 political parties, while Kenya Kwanza had only 15.
The court also found that Wetang’ula’s ruling on the National Assembly leadership contravened Article 108 of the Constitution, which defines the structure of parliamentary leadership based on the largest and second-largest political formations.
In a significant rebuke, the bench declared that Wetang’ula’s dual role as Speaker and Ford-Kenya leader was unconstitutional, citing conflict of interest.
“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.
The judgment is a major legal setback for Kenya Kwanza and reinforces the constitutional principle of political party autonomy within Parliament.
It also raises fresh questions about the role of the Speaker in political party affairs and parliamentary impartiality.
