The fierce battle over the Majority and Minority status in Parliament has escalated to the Court of Appeal after four United Democratic Alliance (UDA) MPs allied to President William Ruto challenged a recent High Court ruling.
The High Court had nullified National Assembly Speaker Moses Wetang’ula’s 2022 decision that designated Kenya Kwanza Alliance as the Majority Party. Now, the ruling party is fighting back, seeking to overturn the verdict.
In a dramatic legal twist, the National Assembly has also filed a separate appeal, arguing that the court’s decision has thrown Parliament into chaos, disrupting operations and causing uncertainty in House leadership.
UDA MPs Move to Block High Court Ruling
Majority Leader Kimani Ichung’wah, alongside Deputy Majority Leader Owen Baya, Majority Chief Whip Sylvanus Osoro, and Deputy Chief Whip Naomi Jillo Waqo, have petitioned the Court of Appeal to suspend the High Court ruling pending the full hearing of their case.
They argue that the judgment has far-reaching implications, particularly for employees contracted under the Majority and Minority leadership offices, whose jobs are now in jeopardy.
In an urgent plea, lawyer Sandra Nganyi, representing the National Assembly, urged the Appellate Court to fast-track the matter:
“We kindly request that the file be placed before the President of the Court of Appeal for the constitution of a bench to hear the stay application, as operations of the National Assembly have been severely hampered.”
Speaker’s Ruling Ignites Political Storm
Following the controversial High Court verdict, Speaker Wetang’ula made another ruling on February 12, reaffirming Kenya Kwanza’s status as the Majority Party. However, Azimio la Umoja One Kenya Coalition, through MP Millie Odhiambo, rejected the decision and threatened further action.
In a bold move, Azimio lawmakers withdrew from the House Business Committee, and several MPs staged a dramatic walkout from parliamentary proceedings, escalating tensions.
Political Fallout and Legal Battle Intensifies
National Assembly Clerk Samuel Njoroge warned that failing to suspend the High Court ruling would cause “irreversible harm” to Parliament’s operations.
The UDA MPs further argue that the High Court misinterpreted the Constitution by ruling that voters, not coalition agreements, determine the Majority and Minority parties.
“The court disregarded coalition agreements, contrary to Article 108 of the Constitution and the Political Parties Act, which mandates the consideration of coalition agreements in determining parliamentary leadership,” lawyer Nganyi stated in court documents.
The lawmakers also claim that overturning Speaker Wetang’ula’s decision violates the doctrine of separation of powers, interfering with the National Assembly’s internal affairs.
What’s Next?
As the battle for control of Parliament intensifies, all eyes are now on the Court of Appeal, which is set to rule on whether to suspend the High Court decision.
Will Kenya Kwanza retain its Majority status, or will Azimio force a leadership shake-up in Parliament? The stakes are high, and the verdict could reshape the balance of power in the National Assembly.
The appeal is pending hearing.