In a dramatic turn of events within Kenya’s political landscape, Azimio La Umoja Coalition Party members on Tuesday claimed the majority seats in the National Assembly, marking a significant shift in parliamentary dynamics. This move came after a High Court ruling that declared the opposition coalition as the majority party, allowing its MPs to occupy the traditionally government-affiliated seats.
As the National Assembly resumed following a two-month recess, Azimio MPs took their positions on the right-hand side of the chamber, a section that has been consistently occupied by lawmakers from the ruling party, Kenya Kwanza. This bold assertion of dominance was underscored by a strategic block of Deputy Majority Leader Owen Baya, who attempted to table reports on behalf of the majority party but found his efforts thwarted by the opposition MPs.
The backdrop to this parliamentary showdown is rooted in a contentious legal battle. On October 6, 2022, National Assembly Speaker Moses Wetang’ula had ruled that Kenya Kwanza Alliance possessed a majority coalition status. This decision followed a wave of defections, where 14 MPs from the Azimio coalition switched allegiance to the ruling party, thus enabling Kenya Kwanza to claim dominance in the House.
However, this interpretation of majority representation was overturned by a ruling from a three-judge bench of the High Court, which found that Wetang’ula had overstepped his constitutional bounds in making his original determination. The court asserted that the Speaker lacked a justified basis for the reassignments and quashed the earlier decision that officially recognized Kenya Kwanza as the majority party.
In the contested ruling made by Wetang’ula, Kenya Kwanza was said to have 179 members in the National Assembly compared to Azimio La Umoja’s 157. Nevertheless, the court pointed to documentation from the Registrar of Political Parties, revealing that as of April 21, 2022, Azimio consisted of 26 political parties, while Kenya Kwanza comprised only 15. This disparity highlighted the complexities of political coalitions in Kenya and raised questions about the legitimacy of the Speaker’s previous declarations.
“The Speaker cannot fault the Registrar of Political Parties,” the court stated, highlighting the significance of adherence to verified political structures. “Without the post-election coalition agreements, he had no basis for his decision,” the judges emphasized. The ruling made clear that the Speaker’s role is one of impartiality, a position that requires walking a tightrope of political influence while ensuring constitutional integrity within the parliamentary system.
Justice John Chigiti, alongside Justices Lawrence Mugambi and Jairus Ngaah, delivered a unanimous judgment critiquing Wetang’ula’s decisions. They underscored the necessity for the Speaker to uphold constitutional fabric, reiterating that any political machinations that interfere with this could severely undermine public trust in parliamentary processes.
Moreover, the judges affirmed that by misallocating the majority status to Kenya Kwanza, the Speaker had, in essence, violated the Constitution. The implications of this ruling extend beyond immediate parliamentary opposition; they serve as a warning that any constitutional lapses could jeopardize the public’s trust in the institution itself.
The unfolding events signify a new chapter in Kenya’s political narrative, where the Azimio La Umoja coalition now finds itself at the forefront of the National Assembly. As they assert their influence, the focus will undoubtedly shift to how this dynamic will affect governance, policy-making, and the relationship between the opposition and the ruling party as the nation moves forward.