National Assembly Speaker Moses Wetang'ula. Photo/Newsflash
Georgina Mwikali and Wanderi Kamau
The remaining tenure of National Assembly Speaker Moses Wetang’ula hangs in the balance after the recent High Court ruling that Kenya Kwanza coalition is not the majority in Parliament.
Despite his subsequent dismissal of the ruling as inconsequential, political and constitutional experts term the court’s decision as a crucial turning point on Wetang’ula’s remaining term.
On Saturday, 8th February 2025, Wetang’ula dismissed the ruling, terming it as “non-binding” and without practical consequences.
Through his legal advisor, Benson Milimo, he clarified that the court’s decision does not hold any legal weight or enforceability.
“I want to assure the nation and the Ford Kenya fraternity that there is absolutely no cause for alarm,” Milimo assured in a statement released on Friday, February 7th, 2025.
He emphasised that at no point did the court order Wetang’ula to vacate either his position as Speaker of the National Assembly or his role as Ford Kenya Party Leader.
Instead, he argued that the court’s comments were of no legal effect. “The ruling does not require Moses Wetang’ula to relinquish either of his offices,” he stated.
The ruling was delivered by Justices John Chigiti, Lawrence Mugambi, and Jairus Ngaah.
The three-judge bench ruled that upon assuming the position of Speaker, Wetang’ula automatically ceased to be the leader of Ford Kenya, citing constitutional principles.
According to constitutional expert Kahihia Murache, Wetang’ula is in a political and legal quagmire, and he might start to face the weight of the court’s decision once the Parliament resumes its sittings.
“The High Court’s decision simply declared all Wetang’ula’s past declarations in Parliament as a nullity. In fact, Wetang’ula should have resigned with immediate effect once the court pronounced itself,” Murache told Newsflash.
He says that although the Speaker will appeal the decision, will have suffered a “legality blot”.
“This scenario is akin to someone who has been fired from his workplace after the scrapping of his position but he is still fighting to have it,” says Murache.
He says the court’s decision declaring Azimio la Umoja Party as the Majority in Parliament might also affect the current political camaraderie between President William Ruto and ODM leader Raila Odinga.
Already, some of Raila’s allies have urged ODM and constituent Azimio parties to embrace the court’s decision by “reclaiming their positions in Parliament”.
On Saturday, 8th February 2025, Siaya governor James Orengo urged ODM and Azimio to “take what belongs to them”.
“I am asking my party, ODM: don’t lose thing that the High Court of Kenya has said that Azimio is the Majority Party. Don’t leave it!” said Orengo while in Siaya.
