National Assembly Speaker Moses Wetang’ula has made it clear that he has no intention of resigning from his position following a High Court ruling on Friday, February 8.
The court had declared that his dual role as both Speaker of the National Assembly and the leader of the Ford Kenya party was unconstitutional.
However, Wetang’ula dismissed the ruling, insisting that he would continue serving in both capacities.
The three-judge bench, comprising Justices John Chigiti, Lawrence Mugambi, and Jairus Ngaah, ruled that Wetang’ula could not legally hold both roles simultaneously.
“The dual role is unlawful and unconstitutional. Once he became Speaker of the National Assembly, he ceased to be the leader of Ford Kenya,” the judges stated.
Despite the ruling, Wetang’ula’s legal advisor, Benson Milimo, affirmed that nothing would change, emphasizing that Wetang’ula remained firmly in both positions.
“There is absolutely no change of status. Dr. Moses Masika Wetang’ula remains the party leader of Ford Kenya as well as the Speaker of the National Assembly,” Milimo said.
Wetang’ula Dismisses Court’s Decision
Speaking on the matter, Wetang’ula downplayed the significance of the court’s decision, calling it an “ordinary” ruling that had no practical impact on his leadership.
“I want to assure the nation and the Ford Kenya fraternity that there is no cause for alarm. What the court did was simply make comments, which in legal terms are referred to as per incuriam.
These are remarks that are not binding and have no legal consequences.
At no point did the court rule that I should step down as Speaker or relinquish my position as Ford Kenya’s party leader,” Wetang’ula clarified.
His legal team has already announced plans to appeal the ruling, arguing that the decision creates an unnecessary legal challenge for the Speaker and could interfere with his duties in both legislative and political capacities.
Background of the Dispute
The legal battle stems from a long-standing disagreement over which coalition holds the majority in the National Assembly.
The controversy began after the 2022 general elections when Speaker Wetang’ula declared that President William Ruto’s Kenya Kwanza coalition was the majority party.
However, members of the Azimio la Umoja One Kenya Coalition disputed this, arguing that they had more members and should be recognized as the majority.
In his October 6, 2022 ruling, Wetang’ula stated that, based on post-election agreements, Kenya Kwanza had 179 members, while Azimio had 157.
He defended his decision, saying, “Coalitions are not cast in stone; they are fluid arrangements that can evolve both before and after elections.”
However, a group of 12 petitioners took the matter to court, arguing that Wetang’ula’s declaration was unconstitutional.
They claimed that Azimio actually had 171 MPs, while Kenya Kwanza only had 156. The petitioners accused Wetang’ula of unfairly reassigning 14 MPs from various parties to Kenya Kwanza, which tipped the balance in favor of the coalition.
After reviewing the evidence, the court ruled that Wetang’ula had no solid legal grounds for his decision. The judges found that his actions violated both the Constitution and the Standing Orders of the National Assembly.
The Way Forward
The ruling raises fresh questions about how Parliament will function moving forward. If the decision stands, it could potentially alter the political balance in the National Assembly.
However, with Wetang’ula refusing to step down and vowing to appeal, the legal battle is far from over.
It remains to be seen how this development will affect the operations of Parliament and the power dynamics within the government.
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