A group of activists want National Assembly Speaker Moses Wetang'ula sent to jail for six months over alleged defiance of a court verdict that the Azimio la Umoja-One Kenya Coalition was the Majority Party in Parliament.
The activists also want court to amend its final orders issued on February 7, 2025, to reflect that Mr Wetang'ula cannot continue serving as Speaker so long as he remains the leader of Ford-Kenya party.
In the verdict, the judges ruled that the dual role of Mr Wetang'ula was unlawful and unconstitutional and that he had no capacity to perform any other functions as a leader of a political party or a political organ as long as he is the Speaker of the National Assembly.
The activists have filed an application at the High Court in Milimani Nairobi, asking for a finding that Mr Wetang'ula's ruling dated February 12, 2025 designating Azimio as Minority Party and Kenya Kwanza the Majority , is null and unlawful based on questions on the veracity of his simultaneous positions of Speaker and Ford Kenya party leader.
"This court be pleased to find and hold that the Parliamentary proceedings in the National Assembly presided over by Mr Wetang'ula as long as he remains the leader of Ford Kenya party and a principal in Kenya Kwanza Coalition are deemed as unlawful, null and void from the beginning," the court papers indicate.
Speaker Wetang'ula gives directions on House leadership divide
Claiming the Parliamentary proceedings are unlawful, the activists explained that the court had ruled that Mr Wetang'ula cannot simultaneously hold the positions of the National Assembly Speaker, leader of Ford Kenya Party and member of the Kenya Kwanza Coalition Leaders Party Summit.
They argue that the decision of the Speaker to retain Kenya Kwanza Coalition as the Majority Party amounts to a gross violation of the court judgment issued by a three-judge bench on February 7, 2025.
"The Speaker of the National Assembly has once again usurped and arrogated to himself the Constitutional power to determine the questions as to the Majority and Minority parties in the National Assembly despite the express findings and orders of this court that the said question was determined by the Kenyan people exercising their sovereign power during the General Election held on August 9, 2022," said the activists in the court papers.
Through lawyer Kibe Mungai, the petitioners argue the High Court having ruled that Mr Wetang'ula cannot hold simultaneous positions, the proceedings of the National Assembly are likely to be tainted and vitiated by illegality.
National Assembly Speaker Moses Wetang'ula.
Photo credit: File | Nation Media Group
According to the lawyer, resulting from the court verdict the Speaker was supposed to recognise Azimio Coalition as the Majority based on the results of the 2022 General Election.
He was not supposed to request the Registrar of Political Parties for evidence on which coalition has the majority members, the lawyer said.
"In view of the court's finding in the judgment, the Speaker was supposed to implement the said judgment by ensuring that Azimio Coalition took its Majority Party positions following the quashing of earlier ruling dated October 6, 2022 which unlawfully stripped Azimio the Majority status," said Mr Kibe.
According to lawyer Kibe, the decision of the Speaker to seek information from the Registrar of Political Parties and using the same to retain Kenya Kwanza majority party amounts to contempt of the court judgment.
"The only effective remedy for the unlawful ruling of the Speaker delivered on February 12, 2025, is to quash or set it aside," argues lawyer Kibe. The application is pending hearing.
They also want court to amend two of its final orders in the judgment and declare that Mr Wetang'ula cannot continue to serve as Speaker of the National Assembly unless and until he resigns as the political leader of the Ford-Kenya party and as a leader in the Kenya Kwanza Coalition.
Following the judgment, the Speaker together with the National Assembly, UDA MPs in the House led by Majority leader Kimani Ichung'wa, Kenya Kwanza Alliance, the UDA party and Maendeleo Chap Chap party filed separate Notices of appeals at the Court of Appeal.
The appellants also applied for orders from the Court of Appeal suspending implementation of the High Court judgment.
