The battle for control of the National Assembly has now moved to the Court of Appeal after both Parliament and the Kenya Kwanza leadership in the House filed suits challenging the 7th February High Court ruling that annulled Speaker Moses Wetang’ula’s 6th October 2022 decision declaring Kenya Kwanza the majority side.
The decision to file the cases follows a deadlock between Kenya Kwanza and Azimio over the formation of committees, including the House Business Committee, which sets the parliamentary calendar and agenda.
Azimio has refused to submit names for the more than 18 committees after Wetang’ula insisted that the House leadership remains unchanged, arguing that Justices Jairus Ngaah, John Chigiti, and Lawrence Mugambi did not specify which party or coalition holds the majority and minority positions.
Azimio has also threatened to introduce a motion of impeachment against Wetang’ula for defying the court ruling, including his insistence on remaining as Ford Kenya leader, a position the court previously declared unconstitutional.
While President William Ruto and Azimio leader Raila Odinga—who were both in Addis Ababa last week as the latter unsuccessfully sought to become African Union Commission chairman—reportedly reached a deal allowing Azimio to chair critical committees such as the Budget and Appropriations Committee, the impasse persists.
President Ruto is said to have offered Azimio the chairmanship of the Health, Trade and Industry, Labour, and Regional Integration committees, as well as five vice-chairperson positions, during a meeting at State House on Monday. However, a blame game has ensued over the delay in constituting the committees. Kenya Kwanza accuses Azimio of demanding more prestigious committees, such as Transport and Energy, while Azimio claims that Kenya Kwanza is unwilling to negotiate.
The delay in forming the committees is expected to affect critical parliamentary business, including the consideration and approval of the Budget Policy Statement, which has strict deadlines. There are concerns within Kenya Kwanza that Azimio may leverage the High Court ruling to extract further concessions from the Ruto administration. However, the Court of Appeal has certified the case filed by Parliament and Kenya Kwanza leadership as urgent, potentially offering the House a reprieve if it grants stay orders as requested by Majority Leader Kimani Ichung’wah, his deputy Owen Baya, Majority Whip Sylvanus Osoro, and his deputy Naomi Jillo Wako.
In their appeal, the four leaders argue that the matter of which party holds the majority and minority status must be resolved, as the High Court failed to provide clarity on this issue. In their ruling, Justices Ngaah, Chigiti, and Mugambi stated that the question had already been answered by the sovereign will of the Kenyan people in the 9th August 2022 General Election—before 14 MPs defected to Kenya Kwanza.
“This oversight necessitates a further determination of the issue. Additionally, the court failed to recognise the implications of its decision while leaving the question of majority and minority unresolved,” the leaders argue.
They further warn that if the High Court ruling stands, it will disrupt the functions and operations of their offices, which they hold by virtue of being the majority side. The 14 defecting MPs were from the United Democratic Movement (UDM), Movement for Democracy and Growth (MDG), Maendeleo Chap Chap (MCC), and Pamoja African Alliance (PAA). Wetang’ula stated that they had formally written to his office to notify him of their decision to leave Azimio.
However, the court ruled that the Speaker had not provided any evidence of post-election agreements between the four parties and Kenya Kwanza, only stating that the agreements had been deposited with the Registrar of Political Parties. “Even Kimani Ichung’wah, who claimed to have tabled the agreements in Parliament during a debate on the majority and minority issue, has not produced any such agreement in court,” the judges noted.
In his affidavit before the Court of Appeal, Ichung’wah argues that, as Majority Leader, he plays a crucial role in presenting bills, motions, and papers, as well as maintaining order on behalf of the majority party.
“Consequently, the High Court’s invalidation of the Speaker’s ruling—which recognised Kenya Kwanza as the majority party—has created a leadership vacuum within the National Assembly,” says Ichung’wah.
