National Assembly Speaker Moses Wetang’ula addressed Parliament Wednesday afternoon regarding last Friday’s High Court ruling, which annulled Kenya Kwanza’s majority status in the House.
The ruling, which overturned Mr Wetang’ula’s October 2022 decision that recognised Kenya Kwanza with 179 MPs, had left the National Assembly in a state of uncertainty.
The court found that Mr Wetang’ula had violated the Constitution by assigning 14 MPs from other parties to Kenya Kwanza without proper justification, triggering a majority-minority dispute that the Speaker had to address.
Mr Wetang’ula on Wednesday ruled that the leadership of the House remained unchanged, with Kenya Kwanza as the majority, with 165 members, and Azimio as the minority, with 154 members.
Full ruling by Speaker Wetang’ula
In broad summary, the ensuing debate crystallized the following issues—
Whether the Court, in its findings, designated any party as the Majority Party or any party as the Minority Party in this House, and if in the affirmative, whether this was an invitation to the whips to invoke the provisions of Standing Order 19A and 20 on submission of freshly elected party leaders;
What were the implications of the judgment to the continuity of the business of the House, noting that the Court expressly declined to grant the prayers sought by the Petitioners to declare Azimio La Umoja One Kenya Coalition Party as the Majority Party and Kenya Kwanza as the Minority Party;
Whether the judgment rendered the constitution of the House Business Committee, which is the core business at the first sitting of a of the House in a new Session, impossible;
Whether the judgment rendered the transaction of the business of the House impracticable, and if in the affirmative, whether any intervention ought to be made so as to facilitate the National Assembly to continue discharging its constitutional responsibilities;
What were the specific findings of the Court in the judgment in question and what is the effect on the proceedings and resolutions of the House in the pre-judgment 13th Parliament;
Whether the judgment affects other facets of the House that are determined by the relative majorities and coalition arrangements, such as Deputy Party Leaders, Whips, Chairing and membership of all House Committees, membership of the Parliamentary Service Commission; nominations to the IEBC Selection Panel and to the Commission on Revenue Allocation;
Whether the Speaker is a Member of the House and how this relates to his political rights and party affiliation and how the role of the Speaker in the House relates to the principle of impartiality;
Whether certain aspects of the judgment violate the doctrine of separation of powers by constituting judicial encroachment into—
- the internal affairs of the legislature contrary to the spirit of Article 124 of the Constitution that empowers each House to regulate its own procedure and any attempt by the Courts to prescribe a procedure for the Houses may stifle the ability of the House to discharge its constitutional mandate; and
- the powers, privileges and immunities accorded to the House and its membership by Article 117 of the Constitution if matters done by Parliament officially in furtherance of its constitutional mandate will attract personal liability.
While contributing to the debate, the Hon. Mwengi Mutuse tabled a letter dated 30th January 2024 from the Registrar of Political Parties indicating that the Maendeleo Chap Chap (MCCP) had exited the Azimio La Umoja One Kenya Coalition Party with effect from 25th January, 2024.
On her part, the Deputy Speaker, the Hon. Gladys Boss submitted that upon receipt of the judgment while discharging the role of the Speaker in the absence of the Speaker who was out of jurisdiction, she instructed the Clerk of the National Assembly to seek information from the Registrar of Political Parties with respect to the status of the membership of the twenty-one (21) parties represented in the House in any coalition and to request for certified copies of the relevant coalition agreements.
At the conclusion of the debate, the Deputy Speaker tabled a response from the Registrar of Political Parties referenced “REQUEST FOR INFORMATION ON COALITION AGREEMENTS” dated 11th February, 2025. Annexed to the response were Certified Copies of Coalition Agreements relating to—
- the Azimio La Umoja One Kenya Coalition Party;
- the Kenya Kwanza Alliance Coalition;
- the Kenya Kwanza Alliance Coalition and the Democratic Party;
- Kenya Kwanza Alliance Coalition and the Grand Dream Development Party (GDDP);
- Kenya Kwanza Alliance Coalition and the National Agenda Party of Kenya (NAP-K);
- Kenya Kwanza Alliance Coalition and Chama Cha Mashinani (CCM); and
the Taifa Democratic Coalition.
Consequently, Hon. Members, I undertook to consider the concerns raised by Members and the documents tabled by the Hon. Mutuse and the Deputy Speaker and guide the House at this sitting.
Hon. Members,
At the very outset, I wish to note that the judgment seems to have created an element of unprecedented confusion in the affairs of the House. This has affected the manner in which I have now been called upon to guide the House in light of the patent contradictions I have noted in the letter submitted by the Hon. Millie.
In communicating confirmation of Members of the Azimio Coalition as the Majority, the Hon. Millie signs off as the “Majority Party Whip, NA” against a letterhead that also designates her as the “Minority Chief Whip”.
The letter also fails to attach any records of any meeting at which the alleged decision of the coalition was made as required by the very Standing Orders 19A and 20 that she claimed to invoke. Viewed in isolation, the letter is, incurably defective. Nevertheless, I will allow the Hon. Member some latitude in light of the prevailing confusion. solation, the letter is, incur
Hon. Members,
I have read the judgment and it has been explained to me at length by our very able legal team. I find it quite unfortunate that misleading assertions have been made with respect to the findings of the Court.
Majority of the reporting has failed to note that the matter before the court related to a mixed bag of prayers sought by petitioners touching on the pending disputes in the Jubilee Party; the Finance Bill, 2023; requests for a section of Kenyans not to pay taxes; and deeming of certain Members to have resigned from their political parties; among others.
A reading of the judgment reveals glaring factual and legal contradictions. I instructed that an appeal be lodged against the judgment forthwith. My guidance to the House should not be construed as a review of the findings and orders of the Court, as that remains within the province of the Judiciary.
With respect to the issues raised by Members, I can only pronounce myself on matters that are necessary to facilitate the continuity of the business of the House. Consequently, the guidance I am about to give shall strictly confine itself within those parameters.
Hon. Members,
I wish to note that out of 34 prayers expressly sought by the Petitioners, the High Court in its findings only granted 3 prayers and expressly declined the other 31 prayers. Paragraph 508 of the Judgment reads, and I quote—
In the ultimate, we allow the petition to the following extent:
(i) It is hereby declared that the question as to which party or coalition of parties is the majority in the National Assembly in the 13th Parliament was determined by the sovereign will of the Kenyan voters during the 9 August 2022 General Elections.
(ii) It is hereby declared that the Honourable Speaker’s ruling or determination contained in his communication from the chair made on 6 October, 2022 on the Majority and Minority in the National Assembly violated article 108 of the Constitution and, therefore, it is null and void.
(iii) It is hereby declared that the Honourable Speaker’s ruling or determination from the chair on 6 October 2022 with respect to leadership of the National Assembly on account of his determination of the Majority Party and Minority Party in the National Assembly is contrary to and violated Article 108 of the Constitution and, to that extent, it is null and void.
(iii) An order of certiorari is hereby issued quashing the Honourable Speaker’s ruling or determination contained in his communication from the chair made on 6 October, 2022 on the Majority and Minority in the National Assembly.
(iv). Subject to the forgoing orders, the rest of the prayers in the Petition are declined. (Emphasis is mine)
(v). Parties will bear their respective costs.
Hon. Members,
Finding No. (iv), in which the Court declined to grant the rest of the prayers sought by the Petitioners, is quite instructive. To put it in its proper perspective, I note that at paragraph 33 appearing on page 6 of the judgment, the Petitioners had expressly sought from the court the following prayers, amongst others—
d) That a declaration be issued to declare that the Azimio La Umoja-One Kenya Coalition is the majority party in the National Assembly of Kenya based on the outcome of the election of members of the National Assembly held on 9th August 2022.
e) That a declaration be issued to declare that the Kenya Kwanza alliance is the minority party in the National Assembly of Kenya based on the outcome of the elections of members of the National Assembly held on 9th August 2022.
I reiterate that in its final orders, and in particular, at paragraph 508(iv) of the judgment, the Court expressly declined to grant these orders. Therefore, in quashing the Communication issued on 6th October, 2022 on Leadership of the National Assembly in the Thirteenth Parliament, the court did not declare any party or coalition of parties as the Majority or Minority party and neither did it declare any Member of this House as the Leader of the Majority Party nor the Leader of the Minority Party.
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