The recent court ruling declaring the Azimio coalition as the majority party in the National Assembly has ignited a fierce political debate, with critics arguing that the decision fails to reflect the current state of the country’s political landscape.
Kirinyaga Woman Representative Njeri Maina has strongly opposed the ruling, asserting that it had been overtaken by events given that key parties within Azimio, such as the Orange Democratic Movement (ODM), had effectively aligned themselves with the government.
“We have a knack for not following due process; it seems to be a Kenyan thing. It seems to be adopted by the August House because we can see right now, even as we speak, that Azimio as we know it has been decimated,” Maina said during a televised interview on Monday morning February 10, 2025.
“ODM Members of Parliament have been given Cabinet positions in government, and they still claim that ODM is not part of the government. I think we like to bury our heads in the sand and take the shorter route,” she added.
Maina defended National Assembly Speaker Moses Wetang’ula’s 2022 ruling that declared Kenya Kwanza as the majority party, arguing that his decision was dictated by political realities at the time.
Azimio initially held the majority in the National Assembly as a coalition, but UDM defected to Kenya Kwanza shortly after the August 9, 2022, General Election, boosting Kenya Kwanza’s numbers.
“At the time, the decision that Speaker Moses Wetang’ula made [to rule that Kenya Kwanza is the Majority Party], I think his hands were tied because even in a marriage, you cannot force two partners to stay together, even when the facts show that one of the partners has breached the agreement or the marriage setup. So we all know that right now, Wiper and UDM are purportedly out of Azimio,” she said.
The legislator warned that the court ruling had left the country in a legal quagmire.
“We are caught up in a legal quagmire because due process was actually not followed. So I can’t fault the judges for arriving at this decision, but it’s a situation that we were all caught up in. Even as we speak, those orders or directions would be overtaken by events because Azimio as we know it has been decimated. I am waiting to see whether Junet Mohamed [incumbent minority leader from Azimio] will be crossing over to claim Kimani Ichung’wah’s [incumbent majority leader from Kenya Kwanza] seat,” she said.
The court ruling
The ruling was delivered on Friday, February 7, 2025, by a three-judge bench at the Milimani High Court, comprising Justices John Chigiti, Lawrence Mugambi, and Jairus Ngaah.
The court declared that Kenya Kwanza was not the legitimate majority party in the National Assembly and that the majority status was determined by the August 2022 general elections.
“It is hereby declared that the question as to which party or coalition is the majority in the National Assembly of the 13th Parliament was determined by the sovereign will of the Kenyan voters during the August 9, 2022, general elections,” the ruling read in part.
Additionally, the court found that Speaker Wetang’ula had violated the Constitution when he assigned 14 members from various parties to Kenya Kwanza on October 6, 2022, effectively enabling the ruling coalition to claim majority status.
“It is therefore declared that the Honourable Speaker’s determination, as contained in his communication to the Chair made on October 6, 2022, on the majority and minority in the National Assembly, violated the Constitution,” the ruling stated.
Wetang’ula had previously declared that Kenya Kwanza commanded 179 members in the House, while Azimio had 157.
However, according to official records from the Registrar of Political Parties as of April 21, 2021, Azimio had 26 political parties, whereas Kenya Kwanza had only 15.
The court further criticized Wetang’ula’s actions, stating that he had no legal basis to reassign more members to Kenya Kwanza, thereby altering the balance of power.
“The Speaker cannot fault the Registrar of Political Parties. She could not provide what she did not have. The Speaker ought to have exhibited the agreements that were allegedly presented during the debate. Without the post-election coalition agreements, he had no basis to this regard,” the ruling read.
In a landmark declaration, the court emphasized that the Speaker of the National Assembly must remain neutral and independent, resisting political pressures.
It also ruled that Wetang’ula ceased to be the party leader of Ford Kenya the moment he assumed the Speaker’s position, as retaining a party leadership role undermines his neutrality in parliamentary proceedings.
Political repercussions
The ruling has reignited political tensions, with Azimio leaders celebrating the decision while Kenya Kwanza officials dismiss it as irrelevant.
Legal experts suggest that the judgment could have significant implications for parliamentary proceedings, potentially leading to a realignment in House leadership positions.
As the dust settles, Kenyans are left to ponder the broader implications of the ruling – whether it marks a return to constitutional order or merely stirs further political discord.
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