'Court Order Won't Stop Me,' Speaker Wetang'ula Defies High Court Directive

National Assembly Speaker Moses Wetang’ula has declared his intention to retain both his roles as Speaker and party leader of Ford-Kenya, despite a recent High Court ruling that pronounced his dual position unconstitutional.

The ruling, issued on February 8, not only questions Wetang’ula's concurrent roles but also states that President William Ruto's Kenya Kwanza coalition does not hold the majority in the National Assembly. The three-judge bench, consisting of Justices John Chigiti, Lawrence Mugambi, and Jairus Ngaah, emphasize that Wetang’ula’s assumption of the Speakership necessitated his resignation as leader of Ford Kenya. In response, Wetang’ula’s legal advisor, Benson Milimo, defends the speaker’s position, asserting that Wetang’ula would continue to act as both Speaker and party leader.

Milimo describes the court's ruling as inconsequential, maintaining that, “Dr. Moses Masika Wetang’ula remains the party leader of Ford Kenya as well as the Speaker of the National Assembly.” Wetang’ula himself dismisses the court’s decision as "ordinary," asserting that it held no binding authority and promises both Ford Kenya members and the general public that “there is no cause for alarm” regarding his continuation in either role.

Further complicating the matter, Milimo has announced intentions to appeal the ruling, which places Wetang’ula in a precarious position as he balances his legislative responsibilities with ongoing political pressures. The court’s ruling arises against the backdrop of an ongoing dispute over the majority party status in the National Assembly, a contentious issue since the 2022 general elections. Wetang’ula had previously declared the Kenya Kwanza Coalition as the majority, claiming it held 179 members compared to Azimio la Umoja One Kenya Coalition’s 157.

However, a petition filed by twelve individuals contended that Azimio actually had 171 members while Kenya Kwanza had 156, challenging the validity of Wetang’ula's declaration. The judges further critique Wetang’ula for lacking adequate evidence to substantiate his decision to reassign 14 members from other parties to Kenya Kwanza, a move that significantly altered the coalition’s standing in Parliament.