The battle for control of Parliament has intensified, with the dispute over Majority and Minority status now escalating to the Court of Appeal.
Four MPs from the ruling United Democratic Alliance (UDA) have challenged a High Court ruling that overturned Speaker Moses Wetang’ula’s decision to designate Kenya Kwanza Alliance as the Majority Party.
The National Assembly has also filed a separate appeal, arguing that the ruling has created a deadlock in the House, disrupting operations and causing administrative confusion.
UDA MPs Challenge High Court Ruling
Led by Majority Leader Kimani Ichung’wah, the four UDA lawmakers claim that the court failed to consider the far-reaching implications of its judgment, including the employment of staff in both the Majority and Minority leadership offices. Ichung’wah filed the appeal alongside Deputy Majority Leader Owen Baya, Majority Chief Whip Sylvanus Osoro, and Deputy Chief Whip Naomi Jillo Waqo.
As the appeals await a hearing, the MPs and the National Assembly have urged the Court of Appeal to suspend the execution of the High Court’s ruling, which was delivered on February 7, 2025, by Justices Jairus Ngaah, John Chigitti, and Lawrence Mugambi.
In a letter to the Deputy Registrar of the Court of Appeal, lawyer Sandra Nganyi, representing the National Assembly, requested the matter be fast-tracked and placed before the President of the Court of Appeal to form a bench for an urgent hearing.
Legal Battle Over House Leadership
The appellants argue that the ruling has caused uncertainty regarding the Majority and Minority leadership, creating a standoff that is disrupting the House’s procedural operations.
They further urged the court to consider that both the Majority and Minority leadership offices employ contracted staff whose jobs depend on the stability of their leaders in office.
“The judgment puts these employees’ livelihoods at risk by failing to suspend its execution, which would have allowed a smooth transition or given the applicants time to exercise their right to appeal,” the MPs stated.
In his affidavit supporting the appeal, Clerk of the National Assembly Samuel Njoroge warned that failing to issue a stay order could cause irreversible harm to the functioning of Parliament.
Njoroge further noted that Speaker Moses Wetang’ula issued a fresh ruling on February 12, reaffirming Kenya Kwanza as the Majority Party. However, Azimio la Umoja One Kenya Coalition MP Millie Odhiambo opposed the decision, vowing that Azimio would take further action to challenge it.
Clerk Samuel Njoroge emphasized the urgency of resolving the dispute, arguing that the High Court’s ruling has disrupted parliamentary operations.
“It is in the public interest that this court intervenes to halt the confusion and negative effects caused by the High Court judgment by granting the requested orders,” Njoroge stated.
MPs Argue High Court Overstepped Mandate
In their appeals, both the MPs and the National Assembly argue that the High Court misinterpreted the law by declaring that voters determined the Majority and Minority parties during the General Election.
They claim that the judgment failed to consider coalition agreements, which, according to Article 108 of the Constitution and the Political Parties Act, are fundamental in determining parliamentary leadership.
“The court disregarded coalition agreements in its decision, contrary to constitutional and legal provisions that require their consideration in determining the Majority and Minority parties,” lawyer Sandra Nganyi stated in the appeal documents.
Nganyi further argued that the High Court’s decision to nullify Speaker Wetang’ula’s October 6, 2022 ruling has stalled House operations and undermined parliamentary processes.
She contended that by overturning the Speaker’s decision, the court violated the doctrine of separation of powers by interfering with the internal functioning of Parliament.
“The judgment has not only stalled House business but also set a dangerous precedent by allowing judicial interference in parliamentary affairs,” Nganyi stated.
The Court of Appeal is now set to hear the case as the legal and political battle over parliamentary leadership continues.
