Introduction
Last week, the High Court made a landmark ruling recognizing the Azimio coalition as the majority party in the National Assembly, following a prolonged two-year legal battle. This decision marks a significant moment in the evolving structure of Kenya’s parliamentary roles and political dynamics.
Background
Before this ruling, Azimio served as the Minority Party in the National Assembly, while the Kenya Kwanza Alliance was recognized as the Majority Party. This arrangement followed a ruling by Speaker Moses Wetang’ula in 2022, shortly after he took office.
The roles of Majority and Minority parties in Kenya are not just political designations but are firmly rooted in the Constitution of Kenya, 2010, marking a departure from past practices. Under previous regimes, the leader of the Opposition and the President — who also served as the head of government — performed roles within Parliament. In those days, the President was both an elected Member of Parliament (MP) representing a constituency and the head of state.
Changes in the Political Landscape
The new constitutional framework, however, changed this dynamic. Candidates vying for the presidency no longer contest for parliamentary seats, separating the role of President from that of an MP.
The Constitution envisions that the party or coalition with the highest number of elected MPs is recognized as the Majority, while the party or coalition with the second-highest number becomes the Minority. This new arrangement redefines parliamentary order and governance.
Constitutional Framework
The Constitution establishes a clear hierarchy for roles in Parliament. According to this framework, the Speaker of the National Assembly holds the highest position, followed by the Deputy Speaker. After that, the Leader of the Majority Party and the Leader of the Minority Party are next in line.
Both the Leader of the Majority and the Leader of the Minority are elected by their respective parties or coalitions. The Speaker is tasked with facilitating their work in Parliament, ensuring that business is conducted on behalf of their parties or coalitions.
The Role of Party Whips
The election of Deputy Majority and Minority Leaders is also part of the parliamentary process. These positions are filled by members of their respective political groups. The names of these individuals are submitted in writing to the Speaker by the Chief Whips of both the Majority and Minority parties.
Conclusion
The recent ruling by the High Court clarifies the political structure in Parliament, reinforcing the importance of the Majority and Minority roles. It underscores the evolving nature of Kenya’s political system and the importance of maintaining a clear, constitutional order.
As this matter continues to evolve, it remains essential for all political parties and coalitions to engage with the constitutional framework and ensure that the principles of democracy and governance are upheld.
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