This came after Speaker Moses Wetang’ula stayed the formation of the powerful committee that he chairs pending his communication on the court judgment following an interjection from Suba North MP Millie Odhiambo that the Speaker abides by the court decision.
“I will order that the matter (consideration of the motion on the formation of the HBC) be stayed,” said Speaker Wetang’ula as he promised to guide the House on Wednesday afternoon on the court decision.
Being a Wednesday, the House was to have a morning and an afternoon sitting to transact business.
But until the Speaker guides the House on the court determination so as to pave the way for the formation of the HBC, the MPs will have no work to transact at the plenary.
Other than the House Speaker, by virtue of their positions, the leader of majority and his minority colleague, the majority whip and his colleague, the nine other members of HBC shall be nominated by parliamentary parties and approved by the House at the commencement of every session.
“The court decided that the Azimio side is the majority coalition,” said Ms Odhiambo adding; “as a parliament we need to obey court rulings even if we do not agree with them.”
The court decision effectively nullified the October 6, communication by Speaker Wetang’ula declaring the Kenya Kwanza coalition the majority side in the House.
Ms Odhiambo, who is the minority whip noted that she consequently handed over a copy of the court judgment and a communication from Azimio indicating Suna East MP Junet Mohamed as the new majority leader and Kathiani MP Robert Mbui as his deputy in compliance with the court order.
The Azimio communication, Ms Odhiambo said, also nominated her as the majority whip. Mr Junet is the current minority leader with Mr Mbui as his deputy.
But Speaker Wetang’ula, with the support of President Ruto allied MPs dismissed Ms Odhiambo’s request to recognize Azimio as the majority coalition noting that the business of a House of parliament “shall never be decided by the courts.”
“Neither the court nor any other authority outside this chamber can make decisions that affect the conduct of business in the House,” Speaker Wetang’ula said as he undertook to guide the House on the court judgment.
“I will listen to you (MPs) and give you a fair finding,” the Speaker said.
The court, while making its decision also made comments to the fact that Mr Wetang’ula cannot be the Speaker of the House as well as the party leader of Ford Kenya that has six MPs in the House he presides over.
Ms Odhiambo’s request that the Speaker vacates the chair and allow his deputy Galdys Shollei to preside over the business of the House on the basis of the court determination was outrightly rejected by Speaker Wetang’ula.
“I am requesting that you step down from the chair and allow your deputy Ms Shollei to preside over the House business. The court said that you cannot be the Speaker of the House as well as the party leader,” said Ms Odhiambo.
But Mr Wetang’ula citing previous situations facing his predecessors Francis Ole Kaparo and Justin Muturi, said the matter was not properly before the House as there was no substantive motion.
Standing Order 171 (2) of the National Assembly Standing Orders state that the HBC shall be appointed within seven days of assembly of a new House.
With the National Assembly reconvening for the first time yesterday to start the fourth session of the 13th parliament after the long Christmas recess, it was required to reconstitute the HBC to enable it set the business to be transacted in the House.
Rarieda MP Dr Otiende Amollo noted that the question of who is the leader of majority was determined by the sovereign will of the people at the ballot.
“This matter did not go to court in vain. Once the ruling was made quashing the Speaker’s communication, you cannot say it was not determined,” said Dr Amollo.
The determination of who is the majority and minority of the House is based on the input of the Registrar of Political Parties (RPP).
Standing Order 2B of the National Assembly states that the Clerk shall obtain from the RPP a certified copy of any coalition agreement entered into by two or more parties in the National Assembly.
This is for purposes of ascertaining the relative majorities in the House and facilitating the transaction of the business of the House.
But as the Speaker is expected to issue a communication on the matter, Mr Junet Mohamed told him that a ruling of a three-judge bench can never be wrong.
“What made us go to court was so that the court interprets for us who is the majority. The court has made its decision,” said Mr Mohamed.
“Court rulings are very important. We went to court over presidential election results. The court ruled and we respected it. This court ruling must be respected. We impeached somebody here for violating the constitution.”
Kikuyu MP Kimani Ichung’wah, whose majority leader position is at stake, faulted the court judgment.
“I disagree with the court in many aspects. The court annulled the communication and now you are called based on the numbers today to make the decision of who is the majority and minority side,” said Mr Ichung’wah.
Eldas MP Adan Keynan also noted that the court did not give proper guidance on what constitutes the majority and minority. “We are back to square one- where we were when this parliament started in 2022. It portends a constitutional crisis unless the question is determined. We want your guidance,” said Mr Keynan.
Ugenya MP said that it was not proper to determine who the majority side is “as it is a moving target.”
“The finding by the court is wrong. The position of who is the majority is a moving target. It depends on the numbers in the House,” the Ugenya MP said but was faulted by Bumula MP Wamboka Wanami.
“The question of who is the majority and minority is never a moving target as my colleagues have said. It was decided at the ballot,” Mr Wanami said.
Other than the Speaker who is the chairperson, the HBC also has the leader of the majority party or a representative designated in writing, the leader of majority, the majority whip and the minority whip.
Also in the HBC are nine other members, who shall be nominated by parliamentary parties and approved by the House at the commencement of every session, reflecting the relative majorities of the seats held by each of the parliamentary parties in the National Assembly.
