National Assembly Speaker Moses Wetang’ula’s Ford Kenya Party has alleged an attempt to weaken the political outfit ahead of the 2027 election.
The party says it will appeal the High Court ruling on Friday when it said Wetang’ula’s dual role as both Assembly Speaker and leader of Ford Kenya was unconstitutional.
“The dual role is unlawful and unconstitutional,” the court said. “Once he became Speaker of the National Assembly, he ceased to be the leader of Ford Kenya.”
Party Secretary General Tongaren MP John Chikati told the Star on Sunday they see a plot to undermine the party and Kenya Kwanza coalition.
“Whichever way, whatever motive is behind these (moves), the whole idea is to weaken Ford Kenya using the legal system, after the political route failed,” he said.
Chikati said by removing the party leader, detractors would have weakened the party.
“Having failed politically, they now want to use the courts to weaken Ford Kenya ahead of 2027. The party leadership will not take it lying down,” the secretary general said.
He said the appeal would be based on grounds there is no clause in the Constitution that prevents the speaker from being a leader of a political party.
“The speaker is not an appointive position, but an elective one. It is not like a Cabinet Secretary or Principal Secretary,” Chikati said.
“He is elected by MPs to that position. Nothing bars him from being party leader and Speaker of the National Assembly."
A three-judge bench of justices John Chigiti, Lawrence Mugambi and Jairus Ngaa held that being the leader of Ford Kenya undermines and compromises the intended impartiality of Wetang’ula’s role as speaker.
They said being speaker denies him the locus standi to head a political party.
The court also faulted Wetang’ula’s determination that Kenya Kwanza was the majority with 179 members, and Azimio with 157 members was, hence, the minority.
The ruling triggered a push for the speaker to choose between being the head of the National Assembly or head of his party – not both.
“He can’t have both,” Narc Kenya leader Martha Karua said. “He should choose whether to be speaker or leader of Ford Kenya.” “A competent speaker should be elected without any further delay,” lawyer Nelson Havi said, as members pushed for Wetang’ula to be impeached.
But the MP maintained, “The speaker’s role is confined to Parliament – the National Assembly in this case.”
“There is no conflict at all. One is dealing with the National Assembly; the other is dealing with the party.”
Chikati said the party plans to use the appeal “to create awareness and sensitise the Judiciary” [to the fact] that there is no conflict of interest.
Lawyers said only an appeal can save the Kenya Kwanza Coalition from relinquishing majority seats to their Azimio counterparts.
It is emerging that nothing stops the Azimio side from “correcting the anomaly in the National Assembly”.
Constitutional lawyer Bobby Mkangi said as directly as the court pronounced itself, the formations should take their place as defined by law.
“As it is, the current arrangement is wrong, unconstitutional and thus a nullity,” he said, citing a possibility of Azimio troops assuming the majority role.
“The position that Azimio was the majority holds, and the [court] pronouncement now offers a chance for the reorganisation to proceed.”
Mkangi said the speaker and the National Assembly have a chance to appeal the ruling.