In a landmark ruling on Friday 7th February 2025, a three-judge bench quashed National Assembly Speaker Moses Wetangula’s decision to declare Kenya Kwanza the majority party in Parliament.
The court instead ruled that Azimio la Umoja is the rightful majority party, finding that Wetangula violated the Constitution in his determination of parliamentary leadership.
The bench, comprising Judges John Chigiti, Lawrence Mugambi, and Jairus Ngaah, overturned Wetangula’s decision made on October 6, 2022, which had assigned 14 members from various parties to Kenya Kwanza, thereby granting the coalition a majority status in the House.
The judges ruled that Wetangula had no legal basis for the reassignments.
The Speaker had declared that Kenya Kwanza had 179 Members of Parliament (MPs) against Azimio’s 157.
However, documents from the Registrar of Political Parties revealed that Azimio la Umoja comprised 26 political parties, while Kenya Kwanza had only 15 as of April 21, 2022.
The court emphasized that Wetangula could not fault the Registrar of Political Parties and failed to present any post-election coalition agreements to justify his decision.
The judges criticized Wetangula for violating the Constitution, stressing that the Speaker must act with impartiality and uphold public trust.
They also noted that Wetangula’s position as Ford Kenya party leader conflicted with his role as Speaker, stating that he ceased to be Ford Kenya’s leader upon his election.
The court declined to suspend its ruling, stating that the state must file a formal application for any stay of the decision.
The case was filed by Ken Njagi, advocate Lempaa Suyinka, and ten others, with advocate Kibe Mungai representing the petitioners.
This ruling marks a significant moment in Kenya’s political landscape, reaffirming the importance of constitutional adherence and impartiality in parliamentary leadership.
The decision is expected to have far-reaching implications for the balance of power in the National Assembly and the conduct of future parliamentary proceedings.
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