How ruling on majority coalition leaves Ruto’s inner circle exposed

The High Court ruling declaring Azimio as the majority coalition has the potential of radically altering leadership structure and leaving a trail of President William Ruto’s inner circle as major casualties in the National Assembly.

The Opposition coalition led by Wiper Leader Kalonzo Musyoka is already calling for the resignation of National Assembly Speaker Moses Wetang’ula for breaching the law when it declared Kenya Kwanza of President William Ruto as the majority coalition even when numbers were showing otherwise.

The ruling implies that Kikuyu MP Kimani Ichung’wah vacates the Majority Leader position for Azimio’s Junet Mohammed, who is currently holding the Minority Leader slot.

Read: Bombshell on Ruto Parliament majority as court rules Raila’s Azimio has more MPs

Also to be affected is South Mugirango MP Sylvanus Osoro – who should the ruling be effected – would now vacate his Majority Whip slot, and have it taken up by Azimio’s Millie Odhiambo (Suba North).

Others to be affected by the changes include Deputy Majority Leader Owen Baya (Kilifi North) and Deputy Majority Whip Naomi Waqo.

Article 108 of the Constitution provides for the position of the Leader of the Majority Party and the Leader of the Minority Party.

“The leader of the majority party shall be the person who is the leader in the National Assembly of the largest party or coalition of parties. The leader of the minority party shall be the person who is the leader in the National of the second largest party or coalition of parties,” provides Article 108 (2) (3).

Read: Petitoners want Azimio declared majority party in the National Assembly

Also to be significantly affected are the chairpersons of the Departmental Committees. Azimio is also set to benefit as the coalition would have a slim majority in all the committees. For instance, committee with 15 members, the majority coalition is entitled to take up eight slots.

The majority side is essentially the side that takes control of all House departmental committees like Finance and National Planning, Health, Education, Land, Labour, Trade, Industry and Cooperatives among others, making it the key facilitator of Parliamentary business.

The coalition or party that does not form the government, on the other hand, is the one that takes up the leadership of oversight committees; the Public Accounts Committee (PAC) and Public Investment Committee (PIC).

Some of the MPs to be affected should the ruling be implemented include Nelson Koech chairperson of Defence and Foreign Relations, Gabriel Tongoyo (Administration and Internal Affairs), ), Kuria Kimani (Finance and National Planning), Ndindi Nyoro (Budget and Appropriations), John Mutunga (Agriculture & Livestock), David Gikaria (Environment, Forestry and Mining), Julius Melly (Education and Research), Victor Musau Kawaya (Energy) Robert Pukose (Health), George Murugara (Justice and Legal Affairs) and Eric Karemba (Labour).

Others are Joash Nyamoko (Lands), George Kariuki (Transport and Infrastructure), James Gakuya (Trade, Industry and Cooperatives), John Kiarie (Communication, Information and Innovation), Johanna Ng'eno (Housing, Urban Planning and Public Works), Kangogo Bowen (Blue, Economy and Irrigation), Alice Ng'ang'a (Social Protection), Peter Lokachapong (Regional Development), Dan Wanyama (Sports & Culture) and Kareke Mbiuki (Tourism and Wildlife).

Read: Wetang'ula to be impeached? That's a 'silly' rumour, say his allies

Calls, text and WhatsApp messages to the Kenya Kwanza leaders in Parliament went unanswered.

Mr Musau described the ruling as “neither here nor there”.

The MP, who is also the UDA Organising Secretary – said the decision was made without factoring in political realignments in the last two years.

He said that the case was filed when some of the parties that had shifted alliance to Kenya Kwanza were not yet done with their formal exit from Azimio. He cited Maendeleo Chap (MCC) associated with Labour Cabinet Secretary Alfred Mutua, which he said was then still bound by a three-month clause in the Azimio agreement.

He said the political landscape has further been altered by the formation of the broad-based government that has five ODM members sitting in the Cabinet.

“If we were to appeal that case, the documents that were not available at that time are now available to show that some of the parties have formally exited Azimio. They are now legally in Kenya Kwanza,” said Mr Musau.

“The law also talks of the largest coalition or largest party. UDA has 137 members against ODM’s 83,” he adds.

But Mr Musyoka on Friday said Azimio was ready to take up its rightful position of the majority in the National Assembly.

“On the critical issue of ethics and integrity under Chapter Six of our Constitution, Speaker Moses Wetang’ula must also step down. A Speaker found guilty of violating the Constitution is unfit for office—this ruling is a damning indictment of his tenure. The message is simple: resign,” said Mr Musyoka while addressing the press in Nairobi.

'Vacate immediately'

“Every illegitimate committee chair, every imposter clinging to stolen positions in the National Assembly, must vacate immediately. The rightful leaders must reclaim their seats. Perhaps this is also the moment to regroup. A chance for us to come together and reset the course,” he said.

He advised Kenya Kwanza against appealing the decision, saying the verdict would be the same even if they move up to the Supreme Court.

He also called for the unity of the coalition at this critical time.

The coalition is currently facing major disintegration, with Narc Kenya of Martha Karua – Azimio’s running mate in the 2022 race – have formally exited.

DAP-K of Eugene Wamalwa has also initiated process of exiting while ODM has some of its members sitting in President Ruto’s Cabinet.

Mr Wamalwa described the decision as one of the most significant rulings by the Kenyan judiciary in recent times.

“It is a landmark decision that overturns one of the worst rulings ever made by our parliament—delivered under the tenure of one of the most biased speakers in history, Moses Wetang’ula. From the very beginning, Wetang’ula has displayed clear favouritism, disregarding the impartiality required of his office,” said Mr Wamalwa.

“Instead of acting as a neutral arbiter, he has positioned himself as an extension of the executive, often going to greater lengths than the executive itself to defend its interests. His actions have compromised the integrity of his role,” he added.

Suba South MP Caroli Omondi (ODM) commended the court for the ruling but defended Mr Wetang’ula, saying that the ruling ‘does not affect the position of the Speaker who was elected by the majority of the Members of the House.”

He said that he is complete agreement with the ruling, saying that the three-judge bench confirmed his position when the House was divided over the matter. He said the leadership and committee membership have to reflect the court ruling.

“I did raise a point of order on the issue in my maiden statement in the House pointing out that Azimio was the majority party and that it was the Registrar of Political Parties to determine the relative strength of Parliamentary Parties and not the Speaker.

Consequently, the leadership in the House and the composition of the House Committees must now reflect the decision of the Court. The hitherto usurped roles must be reversed,” said Mr Omondi.

Kitui Senator Enoch Wambua also shared similar remarks, saying the court has only ratified what we have always said.

“The determination of which coalition, between Azimio and Kenya Kwanza, is the majority should have been a no brainer for Speaker Wetangula. But our politics is what it is,” said Mr Wambua.

“Unfortunately, the Azimio coalition has since suffered devastating body blows from within its ranks. At the same time, KK has been patched up with all manner of partners from all over so that it is difficult to know what its original colour was,” he added.