United Democratic Alliance (UDA) Members of Parliament, including Majority Leader Kimani Ichung’wah, have moved to court seeking to suspend the implementation of the High Court’s decision, which ruled that the Azimio la Umoja Coalition is the majority party in Parliament.
In a petition filed before the Court of Appeal on Wednesday, Ichung’wah was supported by fellow ruling party MPs, including Owen Baya, Sylvanus Osoro, and Naomi Wako.
The legislators argued that if the petition is not stayed, it will cripple the operations of the National Assembly, hindering its ability to fulfil its constitutional mandate.
"The applicants hold leadership positions reserved for the majority party in the National Assembly, which are key and crucial. Therefore, without majority leadership, the operations of the National Assembly will be effectively halted, critically affecting the functioning of the House," read part of the MPs' court papers.
This development follows the February 7 court ruling, where a three-judge bench nullified National Assembly Speaker Moses Wetang’ula’s decision that declared Kenya Kwanza as the majority party in Parliament.
On October 6, 2022, Wetang'ula declared the Kenya Kwanza Coalition the majority party. Members of the Azimio la Umoja One Kenya Coalition contested this decision, arguing that they had more members and should be recognised as the majority.
However, five days later, following a standoff in Parliament, the Speaker annulled the High Court ruling, citing multiple legal grounds.
While addressing Parliament on Wednesday, February 12, he outlined several reasons why the ruling was flawed, asserting that parliamentary leadership would remain unchanged.
He reaffirmed that Kenya Kwanza retained its majority status with 165 MPs, while Azimio remained the minority party with 154 MPs.
"Arising from the foregoing, Kenya Kwanza is the majority, and Azimio is the minority. The leadership of the House remains unchanged," Wetang’ula stated.
The announcement threatened to cripple proceedings on the floor of the house, with opposition leaders faulting the Speaker over the decision.
"As Azimio we very respectfully disagree with your communication... As Azimio, we are going to take further action," Millie Odhiambo announced.
