An appeal has been lodged before the Court of Appeal seeking to seeking to overturn the decision of the High Court ruling to quash Speaker Moses Wetangula’s 2022 decision to designate Kenya Kwanza Alliance as the Majority Party.
Two separate appeals lodged by four UDA lawmakers, led by Majority Leader Kimani Ichung’wah and the National Assembly are requesting an urgent suspension of the High Court’s decision that quashed Wetangula’s ruling pending the determination of their cases.
Ichung’wah, alongside MPs Owen Baya, Sylvanus Osoro, and Naomi Wako, argue that the High Court’s decision, if not stayed will cripple the operations of the National Assembly affecting its ability to discharge its constitutional mandate.
In their appeal, filed at the Court of Appeal, the MPs argue that the High Court’s ruling, delivered on February 7, 2025, would severely disrupt the operations of the National Assembly, potentially bringing legislative business to a standstill.
The MPs assert that the judgment has created confusion within Parliament, especially regarding leadership roles and the functioning of parliamentary committees.
“The applicants hold leadership positions that are crucial for the operations of the National Assembly. Without clear Majority leadership, Parliament’s ability to function properly will be hindered,” the MPs stated in their court documents.
The case stems from a ruling by the High Court, which invalidated Speaker Wetangula’s October 2022 decision to recognize Kenya Kwanza as the Majority Party.
The court ruled that the Majority and Minority Party designation should instead be based on the outcome of the 2022 general elections, not coalition agreements between political parties.
The UDA MPs argue that the High Court’s decision has created uncertainty, particularly with the formation of over 18 key committees in the National Assembly, including the House Business Committee (HBC), which is responsible for setting the legislative agenda.
They argue that the confusion over leadership roles in Parliament has compromised the ability to conduct essential parliamentary business.
“Without the formation of key committees, critical functions such as the consideration of bills, the budget, and other important motions are delayed,” the MPs warned in their appeal.
In addition, the MPs raised concerns about the impact of the ruling on parliamentary staff, whose positions depend on the Majority and Minority leadership. They argue that the High Court’s decision jeopardizes these employees’ livelihoods, as leadership positions remain in limbo.
National Assembly Clerk Samuel Njoroge also filed an affidavit in support of the appeal, asserting that the High Court ruling undermines coalition agreements and the constitutional processes that determine the Majority and Minority Parties
. Njoroge emphasized that the decision has stalled the formation of necessary committees, which has significantly disrupted the House’s ability to carry out its constitutional duties.
“Due to the uncertainty caused by the ruling, Parliament cannot form its committees, making it impossible to address critical business such as the budget and debt management strategy,” Njoroge stated.
The MPs have urged the Court of Appeal to suspend the High Court’s decision until their appeal is heard, claiming that the continued uncertainty will have irreversible consequences for the functioning of the National Assembly.
