Kalonzo: Azimio is dysfunctional we can’t go into 2027 with it
"We are actively consulting and reorganising.”
Court rules that Wetang'ula acted unreasonably when he assigned 14 Azimio MPs to Kenya Kwanza
In Summary
The speaker claimed several Azimio members had formally written to his office to denounce their association with Azimio.
These 14 MPs are from United Democratic Movement, Movement for Democracy and Growth, Maendeleo Chap Chap and Pamoja African Alliance. But the bench said when Mudavadi signed an affidavit in court to oppose the case, he didn’t provide any evidence of any post-election agreements involving the said parties and the Kenya Kwanza coalition.
Wetang’ula had claimed that the parties signed and deposited with the Registrar of Political Parties the agreements. But the judges said, in the absence of any proof, the decision of Wetang’ula cannot be allowed to stand.
“Even Kimani Ichung'wah, who said he tabled the agreements in Parliament during debate on the issue of majority and minority, has not exhibited any such agreement in court,” they said.
They also found that Wetang’ula had no basis to disregard the decision of the Registrar of Political Parties on membership of Azimio and Kenya Kwanza coalitions.
Documents from the Registrar of Political Parties say Azimio consisted of 26 political parties while Kenya Kwanza had 15, as at April 21, 2022. But with the 14 members who allegedly denounced Azimio added to their side, the membership of Kenya Kwanza rose to 179 while membership of Azimio dropped to 157.
In closing, the judges said Wetangu’la’s ruling with respect to the leadership of the National Assembly, violated Article 108 of the constitution.
The said section defines who holds the position of the leader of the majority party (the largest party or coalition) and the leader of the minority party (the second largest party or coalition) in the National Assembly.
The bench at the same time ruled that the dual role played by Wetang’ula is unlawful and unconstitutional.
“The holding of the speaker as leader of Ford-Kenya and at the same time, a key official in the Kenya Kwanza coalition evokes the appearance of bias and undermines the independence of Parliament,” Justice Mugambi said.
The judges, in their unanimous decision, said Wetangula has no capacity to perform the functions of a political leader as long as he is the Speaker.
The case was filed in court by Kenneth Njagi, advocate Lempaa Soyinka, and 10 others.
"We are actively consulting and reorganising.”