High Court Rules Kenya Kwanza is Not the Majority Party in National Assembly
The shift had initially tipped the balance in favor of Kenya Kwanza, allowing it to claim dominance over the Azimio la Umoja One Kenya coalition party.
National Assembly Speaker Moses Wetang'ula. Photo/The Standard Kenya.
A three-judge bench of the High Court has ruled that the Kenya Kwanza coalition, led by President William Ruto, is not the majority party in the National Assembly.
The court found that National Assembly Speaker Moses Wetang’ula violated the Constitution when he declared Kenya Kwanza the majority party in a controversial decision made on October 6, 2022.
The ruling overturns the Speaker’s determination, which had granted Kenya Kwanza majority status following the reassignment of 14 members from various parties to the coalition.
The shift had initially tipped the balance in favor of Kenya Kwanza, allowing it to claim dominance over the Azimio la Umoja One Kenya coalition party.
However, the court ruled that the Speaker lacked a legitimate basis for these reassignments and, consequently, quashed the decision.
According to Speaker Wetang’ula’s disputed determination, Kenya Kwanza held 179 seats in the National Assembly, while the Azimio la Umoja One Kenya coalition had 157.
The court, however, found that this calculation was flawed, as it relied on reassignments that had no constitutional backing.
“The Speaker cannot fault the Registrar of Political Parties. She could not provide what she did not have,” the judges stated. “The Speaker ought to have presented the agreements that were allegedly submitted during the debate. Without the post-election coalition agreements, he had no basis for his decision.”
The unanimous judgment was delivered by Justices John Chigiti, Lawrence Mugambi, and Jairus Ngaah.
They strongly criticized Speaker Wetang’ula’s actions, stressing the importance of impartiality and strict adherence to constitutional principles in the functioning of the National Assembly.
“By assigning Kenya Kwanza the 14 members from other parties without justification and declaring it the majority party, the Speaker violated the Constitution,” the court ruled. The judges further noted that Wetang’ula’s dual role as Speaker and de facto leader of Ford Kenya was unconstitutional. “Once he became Speaker of the National Assembly, he ceased to be the leader of Ford Kenya,” the ruling stated.
The decision is expected to have significant political ramifications, potentially reshaping the power dynamics within the National Assembly.
It remains to be seen how the ruling will be implemented and whether Kenya Kwanza will seek further legal redress.
Legal experts and political analysts have welcomed the ruling, viewing it as a victory for constitutionalism and the rule of law.
The judgment underscores the judiciary’s role in upholding democratic principles and ensuring that parliamentary processes adhere to legal frameworks.
As the political landscape adjusts to the ruling, all eyes will be on the National Assembly’s next moves and how the decision impacts governance in Kenya.
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