Heated Debate in Parliament Over Court Ruling on Majority Coalition » Capital News

NAIROBI, Kenya Feb 11 – A heated debate erupted in the National Assembly as lawmakers clashed over the implications of a recent High Court ruling that overturned Speaker Moses Wetang’ula’s October 6, 2022, decision declaring Kenya Kwanza as the majority coalition.

The court ruled that Azimio La Umoja One Kenya Alliance is the rightful Majority Party in the National Assembly and stated that Wetang’ula should have resigned as Ford Kenya party leader upon assuming the Speaker’s office.

Legislators were deeply divided on the ruling’s impact on the House’s majority and minority coalitions, as well as Wetang’ula’s impartiality.

Sharp Divisions Over Ruling’s Implementation

Minority Leader Junet Mohammed, who moved to the majority side following the ruling, insisted that the decision was final unless appealed.

“A court ruling has only two options—obey it or appeal it. There is no third way about it,” Mohammed stated.

He further declared his readiness to assume the role of Majority Leader.

“As of this afternoon, I have switched seats and taken over as Majority Leader. I have the capacity, the qualifications, and the numbers in the House to lead,” he asserted.

Mohammed also warned that disregarding the ruling could trigger a constitutional crisis.

“They are raising issues of constitutional violations, and remember, we impeached someone here for violating the Constitution. If this matter is not addressed, we are heading for a crisis,” he said.

However, Majority Leader Kimani Ichung’wah countered that the ruling did not explicitly determine the majority or minority status, arguing that the decision rests with the Speaker.

“The ruling only annulled your [Wetang’ula’s] October 2022 decision. The effect of that annulment is that we revert to the status quo as of August 9, 2022,” Ichung’wah stated.

Legal Interpretation Sparks Controversy

Rarieda MP Otiende Amollo dismissed claims that the ruling was unclear, emphasizing that its effect was straightforward—Azimio must assume majority status.

“If we are a country that respects the rule of law, let the ruling be appealed. Until then, it must be implemented. Let Junet be the Majority Leader—it does not matter whether you are in government or not,” Amollo said.

Majority Whip Silvanus Osoro, however, questioned the ruling’s validity, arguing that Parliament, as an independent arm of government, cannot be dictated to by the courts.

“We respect the courts, but our laws grant you, Honorable Speaker, the power to declare the Majority and Minority sides,” Osoro said.

Eldas MP Adan Keynan warned that the ruling had left Parliament in a leadership crisis that only the Speaker could resolve.

“The court quashed the ruling on the majority and minority but did not clarify how this matter should be determined. We are back to square one, where we were at the start of this Parliament. Unless resolved, we face a crisis,” Keynan observed.

Political Allegiances and Coalition Shifts

Ugenya MP David Ochieng criticized the court’s ruling, arguing that political allegiances are fluid and influenced by post-election agreements.

“Who is Majority or Minority is not cast in stone. The court’s finding that the decision was determined on August 8, 2022, is flawed,” Ochieng argued.

Baringo North MP John Makilap echoed this sentiment, asserting that pre-election coalitions should not determine the House’s majority and minority status, as political affiliations shift over time.

“After we were sworn in, there were post-election coalition agreements. The composition of Parliament is a moving average determined by MPs’ interests,” Makilap stated.

Wetang’ula Rejects Calls to Step Down

Earlier, Wetang’ula rejected calls to relinquish his position to Deputy Speaker Gladys Boss Shollei, following the court’s ruling that questioned his impartiality.

On the floor of the House, Minority Whip Millie Odhiambo urged the Speaker to step down, citing the judgment that overturned his decision declaring Kenya Kwanza as the majority coalition.

However, Wetang’ula dismissed the calls, stating that there was no substantive motion before the House to warrant his resignation. He also insisted that the ruling did not question his conduct.

“I have read the judgment thoroughly, and nowhere does it cast aspersions on the Speaker. Yours truly, as your Speaker, does not engage in debate—do not go down that route,” Wetang’ula said.

As tensions continue to simmer, the battle over the House’s majority status is far from over, with potential legal and political ramifications still unfolding.