Controversy is brewing over National Assembly Speaker Moses Wetang’ula still clinging to his position as Ford-Kenya party leader.
The question is whether a Speaker of a House of Parliament should also serve as a leader of a political party and still be expected to be non-partisan in the stewardship of the House.
Ordinarily, the Speaker of a House of parliament is required to be a neutral arbiter, especially when presiding over the business in the House, meaning that the holder of the office must be impartial at all times beyond any political party interests.
It is because of this that Article 122 (2) (a) of the constitution states that the Speaker whether in the National Assembly or Senate, has no vote.
It’s against this backdrop that legal minds wonder why National Assembly Speaker Moses Wetang’ula, a state officer, should continue serving as Ford- Kenya party leader.
Records at the Office of Registrar of Political Parties (ORPP) still show Speaker Wetang’ula as the party leader of Ford Kenya more than four months since he was elected Speaker of the House.
The former Bungoma senator was elected the House Speaker on September 9, 2022, the same day Mr Kingi was elected to head the Senate as the two Houses of parliament sat for the first time separately after the August 9, 2022, General Election.
When reached for comment on whether the office has any letter showing that Speaker Wetang’ula had resigned as Ford- Kenya leader and was therefore in the process of updating the records, Registrar of Political Parties (RPP) Ms Anne Nderitu directed us to Dr Chris Wamalwa, the Ford- Kenya Secretary-General.
“You may talk to the Ford-Kenya Secretary-General,” said Ms Nderitu.
Mr Wetangula, too, did not respond to inquiries about the matter.
Being the party leader of Ford-Kenya means that Speaker Wetang’ula chairs the party’s meetings- Parliamentary Group (PG), National Governing Council (NGC) or the National Delegates Conference (NDC).
Speaker Wetang’ula’s predecessor- Mr Justin Muturi , now the Attorney-General, was never a leader of a political party during his 10 years as Speaker and would often remind members in the House that he “possesses no political party interests of biases”.
Despite being affiliated to the Jubilee party that sponsored him in the speakership election, Mr Muturi never attended the party’s meetings whether at State House or wherever.
Ms Nderitu nevertheless, acknowledged having received the resignation of Mr Amason Kingi as party leader of Pamoja African Alliance (PAA) before his election as Senate Speaker as well as Mr Musalia Mudavadi resigning as ANC party leader before his vetting by National Assembly as Prime Cabinet Secretary.
Article 75 (1) of the constitution states that a state officer shall behave, whether in public and official life, in private life or in association with other persons, in a manner that avoids any conflict between personal interests and public or official duties.
A state officer is also required to avoid any conflict between personal interests and public or official duties, compromising any public or official interest in favour of personal interest or demeaning the office the officer holds.
Yesterday, lawyers Mutula Kilonzo Jnr, the Governor of Makueni County, Kibe Mungai and a leading constitutional lawyer in the country, who did not want to go on record, said that it demeans and frowns the constitution and the law for Mr Wetang’ula to continue serving as Ford-Kenya party leader when he is already the Speaker of the House.
“He should have stepped down from his party leadership position before contesting for the Speakership. His continued serving as the party leader manifestly compromises his impartiality as Speaker of the House because he has members in the House who competed against his party’s candidates,” said Mr Kilonzo Jnr.
He added; “It was weird and disturbing how he campaigned for his party candidate in the recent Bungoma Senatorial by-election.”
The by-election was triggered after Mr Wetang’ula, previously the area Senator, was elected the House Speaker.
In the heat of the by-election campaigns, Speaker Wetang’ula was actively involved in a manner that may have affected his impartiality in the House to see his party’s candidate David Wakoli succeed him.
Mr Mungai noted that although Speaker Wetang’ula should relinquish the Ford- Kenya party leadership position, in a country where the divide between lawful and unlawful tendencies is almost non-existent, “we shouldn’t take a high moral ground on him”.
“Ideally he should not be a leader of a political party. But when we finally sink deeper as a society, because we are sinking anyway, then let us talk about ideals,” Mr Mungai, a city lawyer, said.
The constitutional lawyer, who did not want to go on record, said that while the law frowns on Mr Speaker Wetang’ula as party leader, whom to enforce it is the biggest problem.
“Once an individual has been elected to lead a bipartisan parliament, it is only fair that he steps down as a political party leader,” the leading constitutional lawyer said.
Other than the constitution, the lawyers’ comments are based on the general principles of the Leadership and Integrity Act.
Section 16 of the Act states that a state officer or a public officer shall use the best efforts to avoid being in a situation where personal interests conflict or appear to conflict with their official duties.
“Personal interest, in this case, includes the interest of a spouse, child, business associate or agent or any other matter in which the state officer or public officer has a direct or indirect pecuniary or non-pecuniary interest,” the law states.
Section 24 of the Act further provides that a state officer shall, at all times, carry out the duties of the office with impartiality.
