Wetang’ula argues for political coalition fluidity amid Appellate Court ruling on National Assembly Majority » Capital News

NAIROBI, Kenya, Mar 25 – Speaker of the National Assembly Moses Wetang’ula has stated that his recent decision regarding the majority and minority leadership remains legally binding, despite the Court of Appeal declining to suspend a High Court ruling that declared the Azimio – One Kenya Coalition Party as the majority in the National Assembly.

Wetang’ula’s legal team, led by Milimo Kitinda, emphasized that the High Court ruling had created a leadership vacuum, which the Speaker had a constitutional duty to fill.

“No court has overturned or disagreed with his decision that Kenya Kwanza is the majority in the National Assembly,” Kitinda stated.

“The High Court’s decision nullified the Speaker’s October 2022 ruling, effectively creating a gap.

As the constitutional authority on parliamentary leadership, the Speaker was obligated to address that vacuum,” he explained.

One of the key arguments in the appeal was whether parliamentary coalitions remain static throughout an electoral cycle.

The National Assembly contended that political parties and members have a constitutional right to shift affiliations post-election.

“The idea that political alignment at the time of elections must remain unchanged for five years is legally unsound,” Kitinda noted.

He argued that coalition agreements are fluid and subject to evolving political interests.

“The law permits parties to realign post-election. For instance, Narc-Kenya withdrew from Azimio. Would anyone argue that it is still bound to the pre-election agreement? The answer is absolutely no,” he explained.

Kitinda also raised concerns about changes in parliamentary composition due to factors such as deaths, by-elections, and electoral petitions.

“If a coalition had 50 MPs and one dies, does the number remain the same? If a court nullifies an election, does that party still hold the same strength? The reality is that political dynamics shift,” he argued.

With the Court of Appeal set to fast-track hearings on the substantive appeal, legal experts believe the ruling reinforces the Speaker’s authority while reaffirming the flexibility of coalition politics.

“We expect the Court of Appeal to provide further clarity on coalition realignments and whether the High Court’s interpretation of party composition was correct,” Kitinda concluded.