The tussle over majority and minority status in Parliament has moved to the Appellate Court after four President William Ruto’s United Democratic Alliance (UDA) MPs filed an appeal challenging the High Court’s judgment that quashed Speaker Moses Wetang’ula’s decision to designate Kenya Kwanza Alliance as the Majority Party.
The National Assembly has also filed a separate appeal against the same judgment, saying the High Court’s verdict created a standoff in the House and has hampered its operations.
The four MPs, led by Kimani Ichung’wah (Majority Leader), argue that the High Court failed to appreciate the far-reaching effects of its judgment such as employment of persons contracted to work in both Majority and Minority leadership offices.
Ichung’wah lodged the appeal alongside MPs Owen Baya (Deputy Majority Leader), Sylvanus Osoro (Majority Chief Whip) and Naomi Jillo Waqo (Deputy Chief Whip of Majority Party).
Pending hearing of the twin appeals, both the National Assembly and the MPs want the Appellate Court to urgently suspend execution of the judgment delivered on February 7, 2025 by judges Jairus Ngaah, John Chigitti and Lawrence Mugambi.
“We kindly request, as a matter of urgency, that the file be placed before the president of the Court of Appeal for constitution of a bench to hear the application for stay, as operations of the National Assembly have been greatly hampered following the High Court Judgment which is sought to be stayed,” lawyer Sandra Nganyi, for the National Assembly, said in a letter to the court’s Deputy Registrar.
They argue that the judgement created confusion, uncertainty and standoff with regard to the Majority and Minority parties and that it interfered with the procedural operations of the House.
The MPs have asked the court to note that both Majority and Minority leadership offices are staffed by contracted employees whose jobs depend on the leaders remaining in office.
“Therefore, the High Court’s decision jeopardizes these employees' livelihoods by failing to grant a suspended stay of the judgment until the transition is complete or the applicants have exhausted their right to appeal,” said the MPs.
Clerk of the National Assembly Samuel Njoroge, in an affidavit in support of the appeal, said that in absence of the stay orders the 'resultant harm will be irreversible consequences on the continued and uninterrupted Business of the House'.
Mr Njoroge added that though Speaker Wetang’ula made another ruling on February 12 declaring Kenya Kwanza coalition the Majority Party, a member of Azimio la Umoja One Kenya Coalition party Millie Odhiambo stated that Azimio disagreed with the determination and that they would take further action.
Azimio also withdrew its members from the House Business Committee and several MPS of the party also walked out of the chambers.
“It is in the public interest that the confusion and negative effects occasioned by the High Court judgment be arrested by the sought intervention of this court in granting the prayers sought,” said Mr Njoroge.
In the twin appeals, both the MPs and the National Assembly argue that the High Court erred in declaring that the question as to which party or coalition of parties is the majority was determined by voters during the General Election.
“The court disregarded coalition agreements in the determination contrary to Article 108 of the Constitution and Political Parties Act, which provides for the consideration of coalition agreements in the determination of the Majority and Minority parties in the House,” said lawyer Nganyi in the court documents.
She added that the High Court’s declaration that the Speaker’s ruling dated October 6, 2022 which designated Kenya Kwanza as Majority party was null and void, has created a standstill and has negatively affected the facilitation of the continuity of the House Business.
Lawyer Nganyi further argued that by quashing Speaker Wetang’ula’s ruling contained in his communication from the chair made on October6, 2022, ‘made a mockery of the doctrine of separation of powers by interfering in the procedural operations of the House’.
