High Court Declares Azimio la Umoja One Kenya Alliance as the Majority in the National Assembly

The High Court of Kenya has ruled that the Azimio la Umoja One Kenya Alliance is the bonafide majority coalition in the National Assembly, overturning an earlier decision by Speaker Moses Wetang’ula that declared Kenya Kwanza as the majority.

A three-judge bench comprising Justices John Chigiti, Jairus Ngaah, and Lawrence Mugambi found that Speaker Wetang’ula acted unreasonably when he assigned 14 Azimio MPs to Kenya Kwanza despite their alleged resignation from the coalition.

Court Findings

1. Lack of Evidence for Post-Election Agreements
   • The judges ruled that Wetang’ula failed to provide proof of any post-election agreements between the 14 MPs and Kenya Kwanza.
   • Despite claims that these agreements were deposited with the Registrar of Political Parties, no such documents were presented in court.
2. Violation of Article 108 of the Constitution
   • The ruling stated that Wetang’ula’s decision violated Article 108, which clearly defines the majority and minority leadership in the National Assembly.
   • The court reiterated that, as per official records, Azimio la Umoja comprised 26 parties, while Kenya Kwanza had 15 as of April 21, 2022.
3. Conflict of Interest and Bias
   • The judges ruled that Wetang’ula’s dual role as Speaker and Ford-Kenya party leader created a conflict of interest and compromised the independence of Parliament.
   • Justice Mugambi stated, “The holding of the Speaker as leader of Ford-Kenya and at the same time a key official in Kenya Kwanza evokes the appearance of bias and undermines the independence of Parliament.”

Implications of the Ruling

This landmark decision reshapes the leadership of the National Assembly, affirming Azimio la Umoja One Kenya Alliance as the majority coalition. It also sets a legal precedent on the role of the Speaker and the necessity for impartiality in parliamentary affairs.

Next Steps

With this ruling, the leadership structure in Parliament may need to be realigned to reflect the court’s decision. The ruling also strengthens the independence of the Speaker’s office and reaffirms the importance of constitutional adherence in political matters.

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