By: Lezen Barnaba
The Court of Appeal has upheld a High Court ruling that declared the Azimio la Umoja-One Kenya Coalition as the majority party in the National Assembly, delivering a significant legal and political blow to Speaker Moses Wetangula.
The decision, issued on Friday, March 22, 2025, marks a turning point in the contentious battle for parliamentary control between the ruling Kenya Kwanza Alliance and the opposition Azimio coalition.
Speaker Wetangula had appealed the earlier High Court ruling, arguing that it created uncertainty in the House and disrupted parliamentary operations.
He also expressed concerns about possible legal consequences, including contempt of court charges.
However, the Court of Appeal dismissed his claims, stating that there was insufficient evidence to show that legislative functions had been paralyzed due to the decision.
The judges observed that despite Wetangula’s controversial February 12 ruling favoring Kenya Kwanza as the majority party, parliamentary operations had continued uninterrupted.
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In their judgment, they noted that “even after the contested Speaker’s ruling of 12th February 2025, the National Assembly has continued to discharge its duties, albeit with some acrimony.”
The High Court’s landmark ruling earlier this year nullified Wetangula’s declaration of Kenya Kwanza as the majority party and affirmed Azimio’s status based on pre-election agreements signed before the August 2022 General Election.
The court found that Wetangula had violated constitutional provisions by arbitrarily reassigning MPs from Azimio-affiliated parties to Kenya Kwanza without evidence of formal post-election agreements.
This decision granted Azimio control over key parliamentary committees, including the influential Budget and Appropriations Committee, and allowed them to appoint the Majority Leader—a critical position for steering legislative processes.
The Court of Appeal’s ruling leaves Speaker Wetangula in a precarious position.
Legal experts warn that failure to implement the High Court decision could expose him to contempt charges, further complicating his leadership in Parliament.
Constitutional lawyer Steve Ogolla remarked that Wetangula is now in a tight spot because non-compliance risks legal repercussions while compliance could alienate his Kenya Kwanza backers.
The ruling has sparked intense reactions from both sides of the political divide. Opposition leaders have hailed the decision as a triumph for democracy and constitutionalism.
Minority Leader Opiyo Wandayi expressed satisfaction with the ruling, stating that justice had prevailed and calling on Speaker Wetangula to immediately implement it without delay.
Former Prime Minister Raila Odinga echoed similar sentiments and urged Wetangula to respect constitutional principles and uphold parliamentary integrity. On the other hand, Kenya Kwanza lawmakers have dismissed the ruling as judicial interference in parliamentary affairs.
Majority Leader Kimani Ichung’wah accused courts of undermining Parliament’s independence and hinted at escalating the matter to the Supreme Court.
He described it as judicial activism at its worst and vowed to explore all legal options to challenge what he termed a biased decision.
With Azimio now officially recognized as the majority party, Kenya Kwanza faces significant hurdles in advancing its legislative priorities.
Analysts predict increased scrutiny and resistance from opposition-controlled committees, potentially stalling critical bills and policies requiring parliamentary approval.
As Parliament resumes sittings next week, all eyes will be on Speaker Wetangula’s next move.
Whether he complies with court orders or digs in for further legal battles remains uncertain.
Either way, this ruling reshapes Kenya’s parliamentary dynamics and sets the stage for prolonged political maneuvering between rival coalitions.
For now, Azimio holds a decisive advantage in Parliament—a development likely to influence legislative processes and power dynamics for months to come.
