In a landmark decision that has sent shockwaves through Kenya’s political scene, the High Court has declared Speaker Moses Wetang’ula’s decision to declare Kenya Kwanza the majority party in Parliament as unconstitutional and null and void.
The court’s ruling not only calls into question Wetang’ula’s actions but also creates a political vacuum in the National Assembly, leading to a much-anticipated election to fill key leadership positions.
This ruling has far-reaching consequences, especially for the Majority Leader, Kimani Ichung’wah, and the Minority Leader, who have now lost their positions
The court’s decision, delivered by a three-judge bench led by Justices Jairus Ngaah, John Chigiti, and Lawrence Mugambi on Friday, has fundamentally altered the power dynamics in Kenya’s National Assembly.
The judges found that Wetang’ula, in his capacity as Speaker, violated the Constitution by declaring Kenya Kwanza as the majority party.
This ruling nullifies his controversial decision made on October 6, 2022, which had placed the ruling coalition in control of the House, based on the assumption that 14 MPs who had shifted from Azimio to Kenya Kwanza had legally joined the coalition.
However, the court ruled that Wetang’ula’s reassignment of these 14 MPs was made without any proper legal foundation. In fact, the judges pointed out that Wetang’ula failed to produce any post-election coalition agreements to justify the move.
“The Speaker’s actions were in violation of the Constitution,” stated Justice Chigiti during the judgment.
“The majority party in Parliament is determined by the ballot, not through arbitrary decisions that lack legal justification.”
This decision has profound implications for the leadership of Parliament. With the court ruling that Azimio la Umoja is the rightful majority party, the political landscape has been drastically shifted.
The ruling effectively nullifies the position held by Kimani Ichung’wah, the Majority Leader, and hands the advantage to Azimio, which is now poised to reclaim the Majority Leader’s slot.
The ruling also calls into question the legitimacy of Wetang’ula’s position as Speaker of the National Assembly, as it found that his leadership of Ford Kenya while serving as Speaker created a conflict of interest.
The court ruled that upon his election as Speaker, Wetang’ula should have relinquished his position as party leader of Ford Kenya, but he failed to do so.
This conflict of interest has led to the declaration that Wetang’ula’s seat as Speaker is now vacant.
“The Speaker cannot hold a political party leadership position while also serving as Speaker, as it undermines the impartiality required by the Constitution,” Justice Lawrence Mugambi stated, underlining the court’s emphasis on constitutional integrity and the separation of powers.
The immediate consequence of the ruling is that Parliament now faces a leadership vacuum. With Wetang’ula’s seat declared vacant, both the Majority and Minority Leader positions, as well as the Whips, must be filled through elections within the National Assembly.
The judicial bench acknowledged the potential crisis that this decision could trigger, prompting National Assembly lawyers to request a 45-day delay in the implementation of the ruling.
The lawyers argued that the transition period would be necessary to ensure a smooth election process and avoid chaos in the Lower House.
However, the judges were firm in their decision, rejecting the request for a delay.
“The ruling must stand,” emphasized Justice Ngaah.
“The constitutionality of the Speaker’s actions cannot be ignored, and Parliament must move swiftly to comply with the court’s decision.”
The implications of this ruling extend beyond the immediate leadership of Parliament. With the Majority and Minority Leader slots now vacant, both sides of the political spectrum kenya Kwanza and Azimio will engage in a fierce contest to regain or secure control over Parliament.
For Ichung’wah, who was appointed as the Majority Leader in 2022 under Wetang’ula’s controversial ruling, the loss of his position is a major blow.
Ichung’wah had held the Majority Leader position with strong backing from the ruling coalition, but the court’s decision leaves his position in jeopardy.
Similarly, the Minority Leader, whose position was also affected by Wetang’ula’s ruling, now faces the possibility of a leadership change, with Azimio poised to regain control.
“This is a momentous ruling for the integrity of Parliament,” said Advocate Kibe Mungai, who represented the petitioners in the case.
“The people’s will, as expressed in the election, must determine the majority, not arbitrary actions by the Speaker.”
As the legal and political dust settles, the next steps will involve the election of new leaders in the National Assembly.
This election will be crucial in determining the balance of power in the House.
Azimio, having been declared the rightful majority party, will now have the opportunity to install its own Majority Leader, potentially restoring the party’s influence in Parliament.
On the other hand, Kenya Kwanza will have to mount a strategic effort to maintain a strong presence in Parliament by securing key leadership positions, including the Minority Leader and Whip slots.
In anticipation of the leadership election, political parties are already positioning themselves for the upcoming battles.
Kenya Kwanza’s leaders will likely rally their MPs to retain control of key positions, while Azimio will be keen to consolidate its power and regain leadership positions it believes were unjustly taken from them.
“This is a victory for the Constitution,” said Lempaa Suyinka, one of the petitioners.
“We have long argued that Parliament’s leadership must reflect the true will of the people, and today’s ruling ensures that.”
With the court ruling, the political landscape of Kenya has been thrown into disarray.
Wetang’ula’s controversial decision has been overturned, and Parliament is now on the brink of a new phase of leadership elections.
The process promises to be fiercely contested, as both sides of the political divide gear up for a high-stakes battle to fill the void left by Wetang’ula’s decision.
As the country watches, the coming days and weeks will determine whether the political shifts in Parliament lead to greater stability or further tension in the run-up to future elections.
One thing is clear Kenya’s political future is now in the hands of the National Assembly, as it prepares for one of the most crucial leadership elections in its history.
