Azimio Drops Legal Challenge Against Speaker Wetang'ula Over Sabina Chege's Position

The Azimio La Umoja One Kenya Coalition has withdrawn its legal challenge against National Assembly Speaker Moses Wetang’ula regarding the nominated MP position of Sabina Chege.

Lawyer Wangui Njoroge has informed High Court Judge Chacha Mwita of the coalition’s decision to drop the case. This development occurs against the backdrop of an ongoing leadership struggle within the Jubilee Party, pitting factions led by Jeremiah Kioni against those of Kanini Kega and Sabina Chege. Azimio's decision is influenced by the risk of conflicting court rulings, particularly if the Court of Appeal recognized Kega and Chege as the legitimate Jubilee leaders.

The Court of Appeal, led by Justices Jamila Mohamed, Fred Ochieng, and Mumbi Ngugi, recently declined to overturn a ruling reinstating Kioni, Kagwe Gichohi, and David Murathe as Jubilee Party leaders. The court found that Joshua Kutuny and Kega, representing the party’s national disciplinary committee, had not demonstrated sufficient cause to remove the trio. Justice Mohamed's bench stated that there was no evidence showing which Jubilee activities would be disrupted.

Azimio's initial case, filed by lawyer Paul Mwangi, alleged that Wetang’ula unfairly favored Chege by granting her the Jubilee Party whip position on an interim basis after she was removed from her deputy minority whip role. The coalition argued that this action disadvantaged other constituent parties within the coalition. Mwangi further accused Wetang’ula of obstructing efforts to remove Chege from Jubilee and Azimio leadership positions.

Mwangi had argued that Wetang’ula initially deferred to due process in the matter of Chege’s removal, but later altered his stance, citing communication from a Jubilee faction seeking recognition as a parliamentary party. Following a dismissal of a previous related case, Azimio formally requested Chege's removal, leading Jubilee to notify Wetang’ula of her removal as deputy chief and party leader on October 25, 2023.

Mwangi contended that Wetang’ula exceeded his authority by interfering in the internal affairs of political parties, potentially weakening Azimio. The internal strife within Jubilee, the party of former President Uhuru Kenyatta, continues to generate legal challenges. Two weeks prior, the High Court barred a lawyer claiming to represent Jubilee on behalf of the Kega and Chege faction.

This followed arguments from Ndegwa Njiru, representing the Kioni faction, who presented court orders affirming Kioni and Murathe as the legitimate party leaders. Wycliffe Oparanya testified that the Chege faction had communicated Jubilee's withdrawal from Azimio. However, the Kioni faction maintained the party’s continued membership in the coalition.

Oparanya argued that this matter could only be resolved through a national delegates conference. He asserted that Jubilee could not simultaneously function as a parliamentary party and remain a member of Azimio, characterizing such an arrangement as a breach of the coalition agreement. Azimio had listed Jubilee as an interested party in the case.