Court gavel/FILE
Parliament and four UDA party leaders have moved to the Court of Appeal seeking to suspend a decision that found National Assembly Speaker Moses Wetangula acted unlawfully in declaring the Kenya Kwanza coalition as the majority party in the House.
The four—Kimani Ichung'wah, Owen Baya, Sylvanus Osoro, and Naomi Jillo Wako—and Parliament have asked the Court of Appeal to either issue orders suspending the lower courts decision or suspend execution of the entire judgment delivered on February 7.
The applicants argue that while the high court ruled the speaker's decision was invalid, it did not address the critical issue of determining which party qualifies as the majority and which as the minority.
"This oversight calls for a further determination of the issue. Additionally, the court failed to recognise the implications of its decision while waiting to resolve which party is the majority and which holds the minority status," argues the leaders.
The decision of the court they say will affect the functions and disrupt the operations of the offices held by the four in the National Assembly.
Justices Jairus Ngaah, John Chigiti and Lawrence Mugambi on February 7 declared that the question as to which party or coalition is the majority in the National Assembly in the 13th parliament was determined by the sovereign will of Kenyan voters during the 9 August 2022 General Elections.
The bench also annulled Wetangula's decision made on 6 October 2022 that declared Kenya Kwanza as the Majority in the House. The judges in their decision said Wetangula acted unreasonably when he assigned to the Kenya Kwanza alliance the 14 members of the Azimio coalition who had resigned from the outfit.
National Assembly Speaker Moses Wetang'ula had claimed that several Azimio members had formally written to his office to denounce their association with the Raila Odinga-led political outfit. These members are 14 MPs drawn from 4 parties, namely the United Democratic Movement (UDM), Movement for Democracy and Growth (MDG), Maendeleo Chap Chap (MCC), and Pamoja African Alliance (PAA). But the bench said when he 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 KK coalition.
Wetang'ula had claimed that the parties signed and deposited with the registrar of political parties the agreements. But the judges reiterated that in the absence of any proof, the decision by Wetang'ula cannot be allowed to stand.
"Even Kimani Ichung'wah who said he tabled the agreements in Parliament during a debate on the issue of majority and minority, has not exhibited any such agreement in court," said the bench.
Ichung'wah is now seeking the appellate courts intervention, saying they play a crucial role in presenting bills, motions, papers, and maintaining orders on behalf of the majority party. This position, he says, is central to the operations of the National Assembly.
"Consequently, the High Court declaration of invalidity regarding the speakers ruling, which identified Kenya Kwanza as the majority party, has created a leadership vacuum within the National Assembly," says Ichung'wah.
Parliament, on the other hand, says the decision by the three-judge bench has created a standstill regarding the leadership of the majority and minority. This parliament says has affected the formation of over 18 house committees, including the House Business Committee, which not only draws its membership from the leadership of the Majority and Minority parties but also determines the calendar and business of the House.
The Court of Appeal has since certified Parliament's application as urgent and directed parties to file their respective responses.
