National Assembly Speaker Moses Wetangula has vowed to challenge a High Court ruling that declared his dual role as Speaker and leader of Ford Kenya unconstitutional. The court’s decision, delivered by a three-judge bench on Friday, ruled that Wetangula’s continued leadership of the party while serving as Speaker violated constitutional provisions.
Despite the ruling, Wetang’ula dismissed the judgment as mere legal commentary with no binding effect. Through his legal adviser, Benson Milimo, Wetang’ula assured Ford Kenya members that there was no cause for alarm.
“I want to assure the nation and the Ford Kenya fraternity that there is absolutely no cause for alarm,” he stated. “What the court did was make comments what the law terms as ‘obiter dictum’ which are non-binding and have no consequential effect.”
He further emphasized that the ruling did not direct him to vacate either of his positions. “At no point did the court state that Wetang’ula should vacate his position as Speaker of the National Assembly or cease being the Party Leader of Ford Kenya,” he asserted.
The High Court ruling was delivered by Justices John Chigiti, Lawrence Mugambi, and Jairus Ngaah. The judges noted that Wetang’ula’s decision to retain both positions was unlawful. “Once he became Speaker of the National Assembly, he ceased to be the leader of Ford Kenya,” the ruling read.
The decision adds another layer of controversy to Wetangula’s political career, particularly in light of his contested declaration on October 6, 2022, that Kenya Kwanza was the majority coalition in Parliament. At the time, he ruled that Kenya Kwanza held 179 members, surpassing Azimio la Umoja’s 157.
His decision was challenged by Azimio, which argued that some of its constituent parties were wrongly classified as Kenya Kwanza affiliates. However, Wetang’ula defended his ruling, citing letters from various parties distancing themselves from Azimio.
“The Speaker is not a mere conveyer belt of information,” he argued. “The Speaker must apply his mind to any communication document before it is presented to the House or admitted for use in the House.”
Despite the court’s ruling, Wetang’ula remains defiant. He affirmed that Ford Kenya, known as “The Simba Party,” remains intact and ready to participate in the 2027 General Election. His legal team is expected to file an appeal in the coming days.
As the legal battle unfolds, Wetangula’s political future and his influence within Ford Kenya remain in the spotlight.
