A three-judge bench of the High Court has declared that the Kenya Kwanza coalition, led by President William Ruto, is not the majority party in the National Assembly. The court found that Speaker Moses Wetangula violated the Constitution in his controversial October 6, 2022, determination, which assigned 14 members from other parties to Kenya Kwanza, tilting the balance of power in its favor.
The ruling, delivered by Justices John Chigiti, Lawrence Mugambi, and Jairus Ngaah, quashed the Speaker’s decision, stating that there was no justifiable basis for the reassignments. The judges emphasized that Speaker Wetang’ula had acted beyond his mandate and that his ruling lacked the necessary post-election coalition agreements to support his claims.
According to Wetang’ula’s initial determination, Kenya Kwanza had 179 members in the National Assembly, compared to Azimio la Umoja One Kenya’s 157. However, the court ruled that without proper documentation, the Speaker could not legally reassign MPs to Kenya Kwanza. “The Speaker cannot fault the Registrar of Political Parties. She could not provide what she did not have. The Speaker ought to have presented the agreements that were allegedly submitted during the debate. Without the post-election coalition agreements, he had no basis for his decision,” the ruling stated.
The judges underscored the Speaker’s constitutional duty to remain impartial and free from political influence. They warned that the integrity of Parliament relies heavily on the Speaker’s neutrality and that any violations of the Constitution could severely erode public trust in the legislative process.
“By assigning Kenya Kwanza the 14 members from other parties without justification and declaring it the majority party, the Speaker violated the Constitution,” the bench ruled. They further criticized Wetang’ula’s dual role as Speaker and leader of Ford Kenya, deeming it unconstitutional. “Once he became Speaker of the National Assembly, he ceased to be the leader of Ford Kenya.”
This ruling has profound implications for Kenya’s parliamentary structure and governance. It not only raises questions about the legitimacy of decisions made under Kenya Kwanza’s assumed majority status but also sets a precedent for the judiciary’s role in upholding the rule of law within the country’s political landscape.
The potential ramifications of the ruling remain to be seen, as Parliament may now face a realignment in its leadership and decision-making processes. Whether the Speaker or Kenya Kwanza will challenge the ruling is uncertain, but the judgment signals a crucial moment in Kenya’s evolving democratic governance.
