NAIROBI, Kenya, Feb 7 – The High Court has ruled that Moses Wetangula should have resigned as Ford Kenya party leader upon assuming office as National Assembly Speaker.
The case, filed in 2023 by 12 registered voters, challenged Wetangula’s continued leadership of Ford Kenya despite his election as Speaker.
The petitioners argued that his dual role is unconstitutional, given that the Speaker is required to be a neutral arbiter.
The petitioners contended that as Speaker, Wetangula is an ex-officio member of the Kenya Kwanza coalition’s parliamentary group, making his political impartiality questionable. The court agreed, ruling that holding both positions simultaneously is unlawful.
“The duo role is unlawful and unconstitutional,” the three-judge bench consisting of Justices John Chigiti, Lawrence Mugambi, and Jairus Ngaah noted.
Wetangula has faced mounting pressure to step down as Ford Kenya leader, with critics arguing that his political affiliations compromise his ability to preside over parliamentary affairs fairly.
The law requires the Speaker of either House of Parliament to remain neutral and beyond any party’s interests.
Court Declares Azimio as the Majority Party
In the same ruling, the High Court also declared Azimio La Umoja One Kenya Coalition the Majority Party in the National Assembly.
The bench found that Wetang’ula erred when he declared Kenya Kwanza the Majority Party on October 6, 2022. His decision was described as “Solomonic” but was ultimately deemed unconstitutional.
Wetang’ula had ruled that Kenya Kwanza had 179 members against Azimio’s 157. However, the court noted that 14 members from the opposition and independent candidates later joined Azimio through a post-election coalition agreement, making Azimio the majority.
“By assigning Kenya Kwanza the 14 members of the parties without any reason and declaring Kenya Kwanza as the Majority Party, it follows that the Speaker violated the Constitution,” the ruling stated.
The judges emphasized that the Speaker’s role must be free from political influence, warning that any action perceived as politically motivated could erode public confidence in Parliament.
“The Speaker cannot fault the Registrar of Political Parties for failing to provide documents that did not exist. Without post-election coalition agreements, there was no basis for his ruling,” the court observed.
The petitioners argued that Azimio rightfully became the majority party following the August 9, 2022, General Election, and the court’s ruling has now affirmed their position.
