There was high drama in the Senate yesterday after members of the Azimio Coalition occupied the seats designated for the majority side of the House. The commotion followed a landmark ruling by a three-judge bench of the High Court in Nairobi, which declared that Azimio held the majority in Parliament.
“By assigning Kenya Kwanza the 14 members of the parties without any reason and declaring Kenya Kwanza as the majority, it follows that the Speaker violated the Constitution,” read part of the ruling. Tensions flared when Kakamega Senator Boni Khalwale protested to Senate Deputy Speaker Kathuri Murungi, claiming he had been forcibly removed from his seat.
“I seek your protection, Mr Speaker. I have been thrown out of my position where I normally sit. I do not know where I am supposed to sit. I am the Chief Whip of the government. Can you please protect me? I want my seat back. When I am not there, I don’t think clearly, Mr Speaker,” Khalwale pleaded.
In response, Murungi ruled that the court order did not apply to the Senate, instructing Azimio members to return to the minority side and Kenya Kwanza members to remain in the majority section.
“As far as I am concerned, there is no High Court ruling declaring that Azimio is the majority in the Senate. The ruling only pertains to the National Assembly. Members should take note and act accordingly,” he stated.
However, Nyamira Senator Okong’o Omogeni countered that the court ruling had implications for the composition of both the majority and minority sides in Parliament.
“We must decide whether we are a country that follows the rule of law and respects court orders or not. The court’s decision is clear to everyone. In this House, the minority has now become the majority,” Omogeni argued.
Kitui Senator Enock Wambua further challenged the Senate leadership, pointing out that key Azimio figures, including the Secretary Generals of the Orange Democratic Movement (ODM) and Wiper parties, were present in the House.
“The entire leadership of Azimio has moved to this side. You must take note of that, Mr Speaker. Look at those calling themselves the majority—where are their leaders? Guide this House on who truly holds the majority and who the minority is,” he insisted.
Nairobi Senator Edwin Sifuna vowed that Azimio would enforce the court ruling, arguing that the Constitution clearly defines the roles of the National Assembly and the Senate.
“The Constitution makes no mention of the Senate when designating the majority party. That means the ruling applies to the National Assembly, and it would be absurd for my party to be the majority in one House but the minority in another,” Sifuna asserted.
Nandi Senator Samson Cherargei called for order, urging that the House follow Standing Orders and demanding that Omogeni retract his statement.
“I am not aware of any court order. Mr Speaker, direct the PSC commissioner, Okong’o Omogeni, to withdraw his remarks and apologise to the Majority Leader and the House,” Cherargei demanded.
Nominated Senator Veronica Maina weighed in, affirming that the United Democratic Movement (UDM) had signed an agreement with the United Democratic Alliance (UDA), securing Kenya Kwanza’s majority position.
“I was a witness to the agreement and signed the document as the then Secretary General of UDA. My statement is equivalent to evidence that can be tabled before any plenary session,” Maina declared.
The heated exchanges erupted as the Senate debated the approval of new members for the Senate Business Committee, further escalating the political tensions within the House.
