Kimani Ichung’wa faults high court ruling on National Assembly majority status

The National Assembly Leader of Majority Kimani Ichung'wah speaking at the National Assembly leadership retreat in Naivasha on October 28, 2024.

By Joseph Ndunda
Wednesday, February 19, 2025

Ichung’wa faulted the court for not recognising the implications of its decision while awaiting a resolution on which party holds the majority and which holds the minority status.

The Majority Leader in the National Assembly (NA), Kimani Ichung’wa, has criticised the High Court for failing to provide guidelines on the leadership of the NA during the transition period, following a ruling suggesting that the Azimio Coalition is the majority party in the Assembly.

Additionally, Ichung’wa faulted the court for not recognising the implications of its decision while awaiting a resolution on which party holds the majority and which holds the minority status.

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For instance, Ichung’wa argues that the ruling implies that the NA must reorganise its leadership offices and committee memberships, whose composition and leadership are determined based on members' affiliation with either the majority or minority.

"It would have been appropriate to fashion a remedy that included the temporary suspension of the judgement, allowing the NA to fulfil its mandate during the transition period," Ichung’wa states in the notice to appeal against the judgement.

Ichung’wa asserts that without clear rules, the NA will be unable to function effectively during the reorganisation. Furthermore, essential House business, such as reviewing budget process documents—including budget policy statements, budget estimates, and other budget-related documents—will be delayed.

The High Court ruled that the question of the majority and minority parties in the NA was determined by voters during the general elections on August 8, 2022. Consequently, it nullified NA Speaker Moses Wetang’ula’s ruling of October 6, 2022, which had declared the Kenya Kwanza Coalition the majority party in the NA.

Ichung’wa argues that despite invalidating the Speaker’s ruling, Justices Jairus Ngaah, Lawrence Mugambi, and John Chigiti failed to specify which party should be considered the majority and which the minority in the NA.

The politician contends that this oversight necessitates further determination of the issue, and he has notified the Court of Appeal of his intention to challenge the High Court's decision.

Lawyer Joshua Kiilu filed the notice, arguing that the matter is of extreme importance and requires urgent attention. Ichung’wa has aligned with Kilifi North MP Owen Baya, Majority Whip Sylvanus Osoro, and Deputy Whip Naomi Waqo in seeking relief from the Court of Appeal.

"The applicants here, being dissatisfied with the entire judgement and decree of the High Court, wish to appeal the decision and have lodged and served all the respondents with a notice of appeal dated February 7, 2025," Kiilu states in the suit papers.

They seek to have the implementation of the judgement suspended pending the hearing and determination of their appeal.

They intend to take legal action against lawyer Lempaa Suyinka, as well as activists Sumba Churchill and Kenneth Njiru, among others.

Other respondents sued by the NA and Senate leaders affiliated with the United Democratic Alliance (UDA) include the Kenya Kwanza Coalition (KK), Wetang’ula, the Registrar of Political Parties, and the Jubilee Party's Sabina Chege. Wetang’ula is also sued in his personal capacity.

The Independent Electoral and Boundaries Commission (IEBC), the Cabinet Secretary for the Ministry of National Treasury and Economic Planning, UDA, Amani National Congress (ANC), and Ford Kenya are also named as respondents.

Additionally, the Law Society of Kenya (LSK), Maendeleo Chap Chap Party, and Minority Leader Junet Mohamed have been listed as respondents.