Imani Ichung’wah Under Pressure as Court Declares Azimio the Majority Party, Speaker Wetang’ula Found at Fault for Violating the Constitution
A three-judge bench has nullified the decision made by National Assembly Speaker Moses Wetang’ula, which declared Kenya Kwanza as the majority party in Parliament.
The court ruled that Wetang’ula’s decision was unconstitutional and lacked a proper legal basis.
Dispute Over Majority Party Status After 2022 Elections
Following the 2022 general elections, a heated debate arose over which coalition had the majority in the National Assembly.
On October 6, 2022, Speaker Wetang’ula announced that the Kenya Kwanza Coalition had the majority, a decision that was immediately contested by members of the Azimio la Umoja One Kenya Coalition.
Azimio leaders argued that they had more elected members and should be recognised as the majority party in Parliament.
However, Wetang’ula defended his ruling, stating that after reviewing post-election agreements, Kenya Kwanza had 179 MPs, while Azimio la Umoja had 157.
The Speaker further explained that political coalitions are dynamic and can change both before and after elections. “Coalitions are not cast in stone; they are an evolving arrangement,” he noted.
He also pointed out that several parties that were initially affiliated with Azimio had later switched allegiance to Kenya Kwanza.
Some of these parties claimed they had been forced into Azimio through coercion, an issue Wetang’ula described as a serious violation of democratic rights.
Court Rules Against Wetang’ula’s Decision
Twelve Kenyan citizens, believing that Wetang’ula’s ruling was unfair and unconstitutional, filed a petition in court challenging the Speaker’s declaration.
They argued that Azimio la Umoja had the majority with 171 MPs, while Kenya Kwanza had only 156 legislators.
The case was heard by Justices Jairus Ngaah, John Mugwimi Chigiti, and Mugambi, who ruled in favour of the petitioners.
The judges found that Wetang’ula lacked sufficient evidence to justify reassigning 14 members from different parties to Kenya Kwanza. This controversial move had ultimately shifted the balance in favour of Kenya Kwanza.
The court stated that the Speaker acted beyond his authority by making a decision without valid documentation. “The Speaker cannot blame the Registrar of Political Parties for failing to provide evidence that did not exist.
The Speaker should have presented the post-election agreements that were allegedly submitted during the debate. Without those agreements, he had no valid basis for his ruling,” the court stated.
Impact on Parliamentary Operations
This ruling has significant implications for the National Assembly, which functions with a clear distinction between the Majority and Minority sides.
The Majority side is responsible for setting the House’s agenda, including determining motions for discussion and government-sponsored bills.
Additionally, the distribution and control of Parliamentary Committees are based on the Majority and Minority divisions.
With the court ruling in Azimio’s favour, there could be major changes in the leadership and structure of Parliament. The decision may lead to a restructuring of House Committees, altering the power dynamics in Parliament.
This verdict is a setback for Speaker Wetang’ula and the Kenya Kwanza administration, as it questions the legitimacy of how parliamentary business has been conducted since the 2022 elections.
The ruling may also spark political tensions and calls for further legal or parliamentary interventions.
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