Ichung’wa’s position in limbo as court overturns Kenya Kwanza’s majority status

The High Court has declared Speaker Moses Wetang’ula’s ruling that designated Kenya Kwanza as the majority coalition in the National Assembly is unconstitutional.

In a landmark ruling delivered on Wednesday, the court found that Speaker Wetang’ula overstepped his authority when he determined that 14 MPs elected under the Azimio la Umoja-One Kenya Coalition Party had effectively crossed over to Kenya Kwanza. 

The court ruled that this decision contravened the Constitution, the Political Parties Act, and established legal principles governing coalition agreements.

Court Declares Speaker’s Ruling Unconstitutional

Wetangula’s ruling, which was issued on October 6, 2022, controversially reconfigured the balance of power in the National Assembly by declaring Kenya Kwanza the Majority Party with 179 MPs and Azimio la Umoja the Minority Party with 157 MPs. 

The speaker argued at the time that the 14 MPs from UDM, PAA, MCCP, and MDG had publicly distanced themselves from Azimio, making them part of Kenya Kwanza.

However, in its judgment, the High Court found that the Speaker had no legal basis to reassign MPs from one coalition to another, noting that coalition agreements are legally binding documents governed by the Registrar of Political Parties.

The High Court's ruling now casts uncertainty over the leadership structure of the National Assembly. The designation of Kikuyu MP Kimani Ichung’wah as the Majority Leader, and Suna East MP Junet Mohamed as the Minority Leader. 

The ruling now shifts focus to President William Ruto’s administration, which had enjoyed an unchallenged parliamentary majority since 2022.

The court's decision could also impact legislative agendas and government-backed bills, particularly if fresh leadership changes arise from the ruling.

Meanwhile, all eyes are on Speaker Wetang’ula to explain how the National Assembly will proceed in light of the court’s declaration.