National Assembly Speaker Moses Wetang’ula plans to lodge an appeal against the High Court finding that it was unlawful for him to simultaneously hold a leadership position in the Ford Kenya party while serving as Speaker.
Reacting to the judgment, his lawyer Benson Milimo said they will fight the judgment and stated that “there is no cause for alarm since the court did not make consequential orders”.
“There is absolutely no cause for alarm. The court made comments, which are not binding and have no consequential effects. The court did not rule he should cease holding the office of the Speaker or position of Ford Kenya Party leader. The party shall appeal against that decision of the High Court,” said Mr Milimo in a recorded video clip shared by Mr Wetang’ula’s communications team.
According to the lawyer, there is no change of status and Mr Wetang’ula remains with the dual role — Speaker and party leader — and that the political outfit will ‘continue being firm, stable and ready to participate in the next elections’.
In the judgment delivered by a bench comprising Jairus Ngaah, John Chigiti and Lawrence Mugambi, the court ruled that it was unlawful for Mr Wetang’ula to hold the two positions.
Though the judges did not make an order directing him to quit any of the two positions, they said that once he was elected speaker it was untenable for him to continue being the leader of Ford Kenya.
The judges unanimously held that the Speaker being an ex-officio Member of Parliament should be neutral.
They added that he is a public officer, who is expected to be neutral.
They explained that the Speaker of the National Assembly is expected to be a neuter arbiter and impartial to guarantee independence of Parliament.
“Holding a position in Ford Kenya Party undermines the neutrality role in the National Assembly Speaker position. It violates the Constitution and is unlawful. However, this does not invalidate the election of the speaker. His position as leader of Ford Kenya became untenable and inconsequential after assuming the position of the Speaker of the National Assembly,” said the court.
The judges were ruling on a petition filed by 12 activists alleging that Mr Wetang’ula was not qualified to hold the position of Speaker.
According to the petitioners, Mr Wetang’ula is conflicted to the extent that, going by his political inclination, he would be biased towards driving the Kenya Kwanza coalition political agenda in discharge of his functions as the Speaker of the National Assembly.
The petitioners were aggrieved that although Wetang’ula was elected the Speaker of the National Assembly, he held and still holds the position of the leader of Ford-Kenya party; that he is a member of the Kenya Kwanza Forum of Party leaders; and, that he is an ex officio member of the coalition parliamentary group of Kenya Kwanza coalition.
Apart from conflict of interest, they said Mr Wetang’ula’s position as the Speaker yet he remains a leader of a political party and a member of Kenya Kwanza forum of party leaders and also the coalition’s parliamentary group is untenable because it is contrary to the Constitution.
They said the Constitution establishes a presidential form of government in which the three arms of the government, that is, the Executive, the Legislature and the Judiciary are independent of each other.
The petitioners’ other grievance arose from the manner in which Mr Wetang’ula handled a dispute on which of the two coalitions, Azimio and Kenya Kwanza, formed the majority party and who, in these two coalitions, was to be recognised as the bona fide majority leader in the House.
