Speaker Wetang’ula dismisses court ruling on dual role as “ordinary comments”

National Assembly Speaker Moses Wetang’ula has dismissed the High Court’s ruling on his dual role as Speaker and Party Leader of Ford Kenya, terming the decision as mere “ordinary comments” in law that are non-binding and have no practical effect.

Through his legal advisor, Mr. Benson Milimo, Wetang’ula clarified that the court did not order him to relinquish either office.

“I want to assure the nation and the Ford Kenya fraternity that there is absolutely no cause for alarm. What the court did was make comments—what the law terms as ‘obiter dictum’—which are non-binding and have no consequential effect,” Milimo said in a press statement sent to newsrooms on Friday.

He further emphasized that at no point did the court rule that Wetang’ula should vacate his position as Speaker of the National Assembly or cease being the Party Leader of Ford Kenya.

Nonetheless, he confirmed that Wetang’ula and his party would appeal the High Court’s decision, reiterating that the ruling has no effect on the Speaker’s status.

“This means that Dr. Moses Masika Wetang’ula remains the Party Leader of Ford Kenya as well as Speaker of the National Assembly. The Simba Party remains intact, stable, and ready to participate in the 2027 General Election,” he added.

However, the ruling delivered by Justices John Chigiti, Lawrence Mugambi, and Jairus Ngaah was unequivocal.
The judges found Wetang’ula in blatant violation of the Constitution, stating that he should have stepped down as Party Leader upon assuming the Speakership.

“The dual role is unlawful and unconstitutional,” the court ruled. “Once he became Speaker of the National Assembly, he ceased to be the leader of Ford Kenya.”

The ruling was dealing a blow to Wetang’ula’s controversial October 6, 2022, decision in which he declared Kenya Kwanza as the majority party in Parliament, insisting it had 179 members compared to Azimio la Umoja’s 157.