The High Court determined that the Azimio la Umoja coalition remains the majority party in the National Assembly. The ruling, issued by Justices John Chigiti, Jairus Ngaah, and Lawrence Mugambi, declared that Speaker Moses Wetangula acted unreasonably when he assigned 14 defecting MPs from Azimio to the Kenya Kwanza coalition.
The court ruled that Wetang’ula had no legal basis for reassigning the MPs, as there was no valid post-election agreement proving their defection to Kenya Kwanza. The judges stated that neither Wetang’ula nor National Assembly Majority Leader Kimani Ichung’wah presented any formal agreements to substantiate the realignment of the MPs.
Legal and Political Implications
The ruling effectively overturns Wetangula’s earlier decision, which had shifted parliamentary power in favor of Kenya Kwanza. Based on documents from the Registrar of Political Parties, the court confirmed that as of April 21, 2022, Azimio consisted of 26 political parties, while Kenya Kwanza had 15. The Speaker’s decision had altered this balance, increasing Kenya Kwanza’s representation to 179 MPs while reducing Azimio’s to 157.
However, the court emphasized that without evidence of post-election coalition agreements, the Speaker’s ruling was unconstitutional. The decision reinstates Azimio as the majority party in the National Assembly, significantly impacting parliamentary proceedings and leadership structures.
Violation of Constitutional Principles
The judges also ruled that Wetang’ula’s dual role as Speaker of the National Assembly and an active leader in Ford-Kenya, a member of Kenya Kwanza, was unconstitutional. Justice Lawrence Mugambi noted that his partisan engagement compromised the independence of Parliament, raising concerns about fairness and impartiality in decision-making.
“The holding of the speaker as leader of Ford-Kenya and at the same time, a key official in the Kenya Kwanza coalition evokes the appearance of bias and undermines the independence of Parliament,” Justice Mugambi said.
Furthermore, the ruling reaffirmed Article 108 of the Constitution, which stipulates that the leader of the majority party must come from the largest coalition in Parliament. The decision underscores the importance of upholding constitutional provisions in determining parliamentary leadership.
Political Reactions and Next Steps
The ruling is expected to trigger significant political ramifications, with Azimio leaders likely to push for changes in parliamentary leadership. Kenya Kwanza, on the other hand, may seek legal redress or political negotiations to mitigate the impact of the decision.
As the nation watches the unfolding developments, this court ruling marks a crucial moment in Kenya’s political landscape, reinforcing the role of the judiciary in upholding constitutional integrity.
