High Court to hear case seeking removal of Speaker Wetang’ula on July 10

The High Court has set July 10, 2025, as the date to hear a case seeking the removal of National Assembly Speaker Moses Wetang’ula for allegedly defying court orders that declared Azimio la Umoja the majority party.

A three-judge bench is set to review the matter and determine whether Wetang’ula’s actions constitute contempt of court.

According to court documents, Wetang’ula is seeking to have the contempt proceedings dismissed, arguing that he enjoys parliamentary immunity from legal action arising from actions undertaken in his official capacity.

The case was filed by a group of political activists, who accuse the Speaker of undermining a court ruling which confirmed Azimio la Umoja One Kenya Coalition as the Majority Party in Parliament.

Represented by advocate Kibe Mungai, the activists claim Wetang’ula flouted the court’s findings by re-designating Azimio as the Minority Party and Kenya Kwanza Coalition as the Majority Party.

They argue that the Speaker’s conduct amounts to a gross violation of the court judgment delivered on 7 February 2025.

In his preliminary objection, however, Wetang’ula maintains that the court did not issue any specific orders that could have been disobeyed.

“There is no dispositive order that was made by this court capable of being violated by the Speaker and the National Assembly, or enforced by this court in the exercise of its contempt jurisdiction. There was no court order that required Wetang’ula and the National Assembly to do or refrain from doing anything,” he stated.

Through his counsel Judith Guserwa, Wetang’ula further argues that the contempt application violates Article 117 of the Constitution, which shields parliamentary proceedings and decisions from judicial scrutiny.

“The application of contempt against the Speaker in relation to the discharge of his official duties is in direct violation of the powers, privileges and immunities of Parliament as provided in Article 117 of the Constitution,” Guserwa submitted.

She added that no formal court order or decree had been issued or served upon the Speaker to justify contempt proceedings.

“Prior to the institution of the contempt proceedings, the applicants neither extracted nor served a decree or order of the court. There is no decree extracted and served upon the Speaker and the National Assembly that would support contempt proceedings,” she said.

Wetang’ula also claims that the application is procedurally defective, alleging it is “muddled up with other causes of action”, thereby infringing upon his right to a fair hearing.

The National Assembly, represented by Sandra Nganyi, backed Wetang’ula’s position, arguing that the activists were attempting to reopen a concluded matter.

“The application is an attempt to litigate a new cause of action in the present proceedings and seeks orders challenging the Speaker’s communication dated February 12, 2025, which was delivered after the judgment of this court. Such a cause of action can only be pursued through fresh proceedings,” she submitted.

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The activists have also requested the court to amend its judgment of February 7 to expressly bar Wetang’ula from serving as Speaker while simultaneously holding the position of Ford Kenya party leader, citing the earlier finding that such dual roles are unconstitutional.

“This court be pleased to find and hold that the Parliamentary proceedings in the National Assembly, presided over by Wetang’ula while he remains the leader of Ford Kenya party and a principal in the Kenya Kwanza Coalition, are deemed unlawful, null and void ab initio,” reads part of the activists’ submissions.

They also want the court to nullify Wetang’ula’s February 12 decision declaring Kenya Kwanza as the Majority and Azimio as the Minority, stating it contravened the Constitution and court judgment.

The case is currently before a three-judge bench comprising Justices Jairus Ngaah, John Chigiti, and Lawrence Mugambi, with the hearing set for July 10, 2025.