“By assigning Kenya Kwanza the 14 MPs without justification and declaring Kenya Kwanza as the majority, the Speaker violated the Constitution,” the court ruled. The bench further noted that the Speaker’s role requires neutrality, free from political influence. The judges warned that public confidence in Parliament depends heavily on the Speaker’s conduct, adding that constitutional violations could quickly erode trust
President William Ruto’s ruling coalition, Kenya Kwanza, has suffered a significant setback after the High Court ruled that it does not hold the majority in the National Assembly. In a landmark judgment, a three-judge bench—comprising Justices John Chigiti, Lawrence Mugambi, and Jairus Ngaah—determined that Speaker of Parliament Moses Wetang’ula had violated the Constitution in making the controversial ruling on the House majority.
The case stemmed from a decision by Speaker Wetang’ula on 6th October 2022, when he assigned 14 MPs from various parties to Kenya Kwanza, tipping the balance in the coalition’s favour and allowing it to claim majority status. However, the court found that the Speaker had no legal basis for these reassignments and subsequently nullified the 6th October 2022 declaration that Kenya Kwanza was the majority party in the House.
Speaker Wetang’ula had declared that Kenya Kwanza held 179 seats in the National Assembly, compared to Azimio la Umoja One Kenya Coalition Party’s 157. According to documents from the Registrar of Political Parties, as of 21st April 2022, Azimio comprised 26 political parties, while Kenya Kwanza had 15.
“The Speaker cannot fault the Registrar of Political Parties. She could not provide what she did not have… The Speaker ought to have presented the agreements that were allegedly submitted during the debate. Without the post-election coalition agreements, he had no basis for his decision,” the court ruled.
Speaker Violated Constitution
Delivering the unanimous judgment, the judges criticised the Speaker’s actions, emphasising the importance of impartiality and adherence to constitutional principles. They stressed that the Speaker plays a crucial role in maintaining public trust in parliamentary processes.
“By assigning Kenya Kwanza the 14 MPs without justification and declaring Kenya Kwanza as the majority, the Speaker violated the Constitution,” the court ruled. The bench further noted that the Speaker’s role requires neutrality, free from political influence. They warned that public confidence in Parliament depends heavily on the Speaker’s conduct, adding that constitutional violations could quickly erode trust.
Additionally, the court ruled that Wetang’ula’s dual role as Speaker of the National Assembly and leader of the Ford Kenya party was unlawful and unconstitutional. “The dual role is unlawful and unconstitutional,” the court stated, adding that Wetang’ula ceased to be Ford Kenya’s leader once he assumed the Speaker’s position.
Political Fallout and Opposition Jubilation
The ruling carries major implications for parliamentary leadership, questioning the legitimacy of decisions made under Kenya Kwanza’s assumed majority status. It also reinforces the judiciary’s role in upholding the rule of law. Following the ruling, members of the Azimio Coalition, particularly from the ODM party, celebrated the decision and quickly moved to assert their positions in the National Assembly.
“I am the Majority Whip until they appeal. At least I am on record as Majority Whip,” declared Suba North MP Millie Odhiambo, who previously served as Minority Whip following the appointment of former Ugunja MP Opiyo Wandayi to the Cabinet as Energy Secretary.
Suna East MP Junet Mohammed assumed the Minority Leader’s role after the cabinet reshuffle, which saw John Mbadi and three other ODM politicians join the Ruto administration. The changes were announced by ODM’s Central Management Committee, chaired by party leader Raila Odinga. Nyaribari Masaba MP Daniel Manduku took to social media platform X to express his excitement over what opposition legislators described as a landmark ruling.
“I applaud the Judiciary for its bold decision in upholding the Constitution and the rule of law. As the Judiciary of Kenya, you truly remain our only beacon of hope,” Manduku wrote. He added: “We, the Azimio Coalition members, shall take our seats on the right side of the Chamber, and Hon. Junet Mohammed shall replace Hon. Ichung’wa as the Leader of the Majority when the House resumes on Tuesday, 11th February 2025, at 2.30 pm.”
Turkana South MP and ODM National Vice-Chair Dr Jon Ariko also weighed in, stating on X: “Justice, though delayed, has finally prevailed. ODM welcomes the court ruling and urges Speaker Wetang’ula to swiftly implement the changes and avoid further court battles.”
He called for the immediate reorganisation of parliamentary leadership
On 6th October 2022, Wetang’ula had ruled that Kenya Kwanza was the majority party in the National Assembly after both Kenya Kwanza and Azimio laid claim to the position. His ruling allowed Kikuyu MP Kimani Ichung’wa to assume the Majority Leader role. This ruling, however, now throws the parliamentary leadership into uncertainty, raising the possibility of a major realignment when the House resumes.
