The Court of Appeal is set to make a crucial ruling on March 21 regarding the majority status of the Azimio coalition in the National Assembly.
This decision follows a legal battle that began when the High Court ruled that Azimio was the rightful majority party, overturning Speaker Moses Wetang’ula’s earlier declaration that Kenya Kwanza held the majority.
Speaker Wetang’ula, represented by lawyer Elisha Ongoya, argues that the High Court made a mistake in its ruling.
He believes the court failed to properly consider all evidence before deciding that Azimio was the majority party.
According to Wetang’ula, post-election coalitions can affect the Independent Electoral and Boundaries Commission’s (IEBC) declaration of party strength.
He also pointed out that some parties, such as the United Democratic Movement (UDM) and the Movement for Democracy and Growth (MDG), did not have their officials’ signatures on the Azimio coalition agreement.
This, he argues, casts doubt on whether these parties are officially part of Azimio.
Additionally, Wetang’ula warned that if the High Court’s decision is not suspended, he could face contempt of court charges.
He stated that such a situation could disrupt parliamentary operations and put him at risk of imprisonment.
On the other side, lawyer Kibe Mungai, representing the petitioner, insists that the High Court’s ruling should remain in place.
He argues that Wetang’ula’s initial decision to declare Kenya Kwanza as the majority was unlawful.
Mungai believes that Azimio is still the legitimate majority party in Parliament.
He warned that suspending the High Court’s ruling would be an act of judicial impunity.
According to him, Wetang’ula’s actions have created confusion in Parliament and his appeal is an abuse of the legal system.
The controversy began when Wetang’ula declared Kenya Kwanza as the majority party, stating that it had 165 members compared to Azimio’s 154.
However, the High Court later ruled that Azimio should hold the majority position.
Despite this decision, Wetang’ula maintained that Kenya Kwanza was the majority, leading to an appeal.
Following Wetang’ula’s announcement, Azimio MPs staged a walkout in protest.
They vowed to continue challenging the ruling, keeping the political battle alive as the country awaits the Court of Appeal’s decision on March 21.
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