A group of activists have lodged an application urging a court to find National Assembly Speaker Moses Wetangula in contempt for defying a High Court ruling that recognised the Azimio Coalition as the majority party in Parliament. In their filing, lawyer Soyinka Lempaa and twelve fellow activists are calling for Wetangula to be summoned to explain why he should not face imprisonment or other penalties for contempt of court.
The applicants contend that Speaker Wetangula overstepped his authority by assuming the power to decide which party holds the majority and minority status in the National Assembly, despite the clear findings and directives of the High Court. “The Speaker’s ruling on 12th February 2025 was blatantly made in defiance of the court’s decision and orders, risking the legality of subsequent National Assembly proceedings,” the court documents state.
They argue that the matter requires an urgent hearing as a national priority, to be resolved by 30th April 2025, to avoid a repeat of the chaotic budget-making process seen with the Finance Bill 2024, which sparked widespread public unrest and dissatisfaction. The activists accuse Wetangula of deliberately, recklessly, and casually disregarding the High Court’s orders issued on 7th February 2025. They are now asking the court to bar Wetangula from acting as Speaker of the National Assembly while he remains leader of the Ford-Kenya party and part of the Kenya Kwanza Coalition.
They assert that Wetangula cannot legitimately serve as Speaker unless he steps down as Ford-Kenya leader. “The court should rule that the Speaker’s communication or decision on 12th February 2025 regarding the Majority and Minority Parties in the National Assembly amounts to contempt of the judgement and orders issued on 7th January 2025,” said Lempaa and his co-petitioners.
The group also seeks to have Wetangula’s ruling on 12th February 2025 overturned or struck out. They argue that Wetangula cannot properly carry out his duties as Speaker while still a political figure in Ford-Kenya and the Kenya Kwanza Coalition. They claim his unlawful decision to maintain Kenya Kwanza as the majority party grossly violates the court’s judgement and orders from 7th February 2024. “The only effective solution to the Speaker’s unlawful ruling on 12th February 2025 is to quash or set it aside,” they told the court.
The petitioners further allege that by seeking additional evidence from the Registrar of Political Parties—a party to this case who opposed the court’s orders—Wetangula deliberately schemed to undermine the judgement’s implementation, using such “extra evidence” to justify maintaining the status quo.
On 7th February, the High Court determined that Kenya Kwanza was not the majority party in the National Assembly. In a landmark ruling by Justices John Chigiti, Lawrence Mugambi, and Jairus Ngaah, it was found that Speaker Moses Wetangula breached the Constitution with his controversial decision.
This stemmed from Wetangula’s move on 6th October 2022, when he reassigned 14 members from various parties to Kenya Kwanza, tipping the balance to grant the coalition majority status.
However, the court ruled that Wetangula lacked any valid grounds for these reassignments and overturned his decision of 6th October 2022, which had declared Kenya Kwanza the majority party. Wetangula had claimed Kenya Kwanza held 179 members in the House, compared to Azimio la Umoja One Kenya Coalition’s 157.
According to records from the Registrar of Political Parties, as of 21st April 2022, the Azimio coalition comprised 26 political parties, while Kenya Kwanza had 15. “The Speaker cannot pin the blame on the Registrar of Political Parties. She couldn’t provide what she didn’t have. The Speaker should have presented the agreements supposedly tabled during the debate. Without post-election coalition agreements, he had no basis for his decision,” the court ruled.
In their unanimous judgement, the judges condemned the Speaker’s actions, stressing the need for impartiality and adherence to constitutional principles. They underlined that the Speaker plays a pivotal role in upholding public confidence in Parliament.
“By arbitrarily assigning 14 members to Kenya Kwanza and declaring it the majority party, the Speaker clearly violated the Constitution,” the court declared. The judges emphasised that the Speaker must remain a neutral figure, free from political influence. They cautioned that public trust in Parliament hinges on the Speaker’s conduct, noting that constitutional breaches could swiftly undermine that trust.
The court also pointed out that Wetangula’s position as Ford-Kenya leader compromises his role as Speaker. “Holding both roles is unlawful and unconstitutional,” the court observed. It further ruled that upon becoming Speaker, Wetangula ceased to be Ford-Kenya’s leader.
He went on: “There is a problem with this committee. Unless there is some change I will be the first to walk out.” Chesang the first-time lawmaker, was elected the ICT committee’s chair during the first half session but his committee is among the most moribund in the Senate.
Some Senators who sought anonymity both from the Kenya Kwanza and Azimio said that they had protested about Chesang’s leadership, adding that the committee has not lived up to its potential.
“I am new in this committee but the responses am getting even before we start working are all negative. This committee has not been active. This committee is linked to the youth and the future. There is so much we can do,” said ODM’s nominated Senator Hezena Lemaletian.
In the elections which had only three members with the rest being representatives, Chesang was elected unopposed as the chair for the remainder of the 13th parliament to be deputized by nominated Senator Miraj Abdullahi. “I was in the previous committee with Senator Osotsi. I am one of the few members who have remained. I want to urge the committee to work. We must be committed, “said Elgeyo Marakwet senator William Kisang’.
In other elections conducted at Parliament building yesterday, Hillary Sigei (Bomet) retained his position as the chair of the Justice, Legal Affairs and Human Rights Committee and will now be deputized by Veronica Maina (nominated). In the Agriculture, Livestock and Fisheries Development committee, Wafula Wakoli (Bungoma) was elected unopposed taking over from James Murango (Kirinyaga) and will be deputized by Alex Mundigi (Embu).
Mundigi almost lost to Lemaletian in a hotly contested election that could have threatened the newly formed alliance between Kenya Kwanza and ODM in the broad-based government. In the Labour Committee, Julius Murgo (West Pokot) also retained his seat as the chair and will now be deputized by Crystal Asige (nominated). Asige replaced her fellow nominated Senator George Mbugua who has since been reshuffled to another committee.
Mohammed Chute (Marsabit) retained his seat as the chair of the National Cohesion, Regional Integration and Equal Opportunities committee and will now be deputized by James Lomenen (Turkana) who was elected unopposed in his absentia.
Yesterday, Mombasa Senator Mohammed Faki (ODM) bagged the Lands, Environment and Natural Resources committee chair position unopposed. Faki is one of the few ODM luminaries who have benefitted from the broad-based government following the rapprochement of Raila and Ruto. Karen Nyamu (nominated) will now deputize Faki in the committee.
Nyamu was the immediate vice chair of the National Security and Defence Committee, which was being chaired by the late William Cheptumo (Baringo). Last week, Senators allied to Gachagua questioned why their positions were being distributed to the opposition yet there are those leaders, especially from the Mount Kenya region who still support President Ruto. The leaders led by Karungo wa Thang’wa (Kiambu), Lenku Seki Ole Kanar (Kajiado), John Methu (Nyandarua) and Joe Nyutu (Muranga) said that the President had reneged on his promises and instead chose to reward those who never voted for him in the last elections.
“Why is President Ruto punishing a whole community for supporting Gachagua? Even if you don’t believe in us and you have decided to change the leadership, why can’t you give the positions of those who still support you from the mountain?” posed Methu. He went on: “There are still those who are your sycophants from the region. You should have given them our positions instead of giving them to ODM.”
