The ruling of National Assembly Speaker Moses Wetang’ula, which asserted that Kenya Kwanza is the parliamentary majority, has been annulled by a three-judge bench.
After the general elections in 2022, a disagreement emerged about which coalition had the majority.
Kenya Kwanza Coalition was declared the majority party by National Assembly Speaker Wetang’ula on October 6, 2022. Members of the Azimio la Umoja One Kenya Coalition disputed this decision, claiming they had more members and should be acknowledged as the majority.
Wetang’ula indicated in his ruling that, upon review of post-election agreements, Kenya Kwanza comprised 179 members, whereas the Azimio la Umoja One Kenya coalition had 157.
However, 12 Kenyans submitted a court petition contending that the Azimio Coalition had the majority with 171 MPs, whereas the Kenya Kwanza Coalition had 156 legislators.
They submitted a petition contesting the Speaker’s declaration, claiming it was unconstitutional and against the Standing Orders of the National Assembly.
Three judges, including presiding Justice Jairus Ngaah, Justice John Mugwimi Chigiti, and Justice Mugambi, concurred, stating that Wetang’ula did not have adequate evidence to support the determination.
The court determined that the Speaker lacked a justifiable reason to reassign 14 members from different parties to Kenya Kwanza, an action that skewed the balance in favor of the coalition.
“The Speaker cannot criticize the Registrar of Political Parties. She could not offer what she did not possess. The agreements that were purportedly submitted during the debate should have been presented by the Speaker. “He lacked a basis for his decision without the post-election coalition agreements,” the court ruled.
The decision complicates the functioning of the National Assembly, which operates with the Majority and Minority sides as separate entities.
The majority side is responsible for managing the House’s business, which includes motions to be discussed and bills or motions originating from the government.
Furthermore, the allocation and management of Parliamentary Committees are based on the Majority and Minority factions.
