National Assembly paralysed as MPs clash over Azimio’s majority status
The Speaker is expected to issue formal communication on the court ruling before the House can proceed with its business.
The National Assembly was unable to proceed with legislative business on Tuesday as a dispute over its majority side derailed the formation of the House Business Committee (HBC).
Speaker Moses Wetang’ula suspended the process following a court ruling that recognised Azimio as the majority coalition, a decision that sparked heated exchanges between lawmakers.
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The Speaker’s move came after Suba North MP Millie Odhiambo insisted that he should adhere to the court ruling.
“The court decided that the Azimio side is the majority coalition. As a parliament, we need to obey court rulings even if we do not agree with them,” Odhiambo said.
The ruling overturned Speaker Wetang’ula’s earlier communication on October 6, which had declared Kenya Kwanza as the majority side. Odhiambo said she had handed over a copy of the judgment along with Azimio’s communication designating Suna East MP Junet Mohamed as the new majority leader and Kathiani MP Robert Mbui as his deputy. She was also named the majority whip.
Despite the ruling, Speaker Wetang’ula, backed by Kenya Kwanza MPs, refused to acknowledge Azimio as the majority side.
“Neither the court nor any other authority outside this chamber can make decisions that affect the conduct of business in the House,” he said. “I will listen to you (MPs) and give you a fair finding.”
The court also noted that Wetang’ula could not simultaneously serve as Speaker and party leader of Ford Kenya, which has six MPs in the House. Odhiambo called on him to step down and allow Deputy Speaker Gladys Shollei to preside over the session.
“The court said that you cannot be the Speaker of the House as well as the party leader,” she said.
Wetang’ula dismissed the request, arguing that the matter was not properly before the House as no substantive motion had been filed. He cited precedents involving former Speakers Francis Ole Kaparo and Justin Muturi.
Kikuyu MP Kimani Ichung'wah and Suna East MP Junet Mohamed at the Parliament. (X/NA)
The delay in forming the HBC means the National Assembly cannot transact any business. According to Standing Order 171(2), the HBC must be reconstituted within seven days of the start of a new session.
Rarieda MP Otiende Amollo emphasised that the matter had been settled by the electorate.
“This matter did not go to court in vain. Once the ruling was made quashing the Speaker’s communication, you cannot say it was not determined,” he said.
The determination of the House’s majority is guided by the Registrar of Political Parties (RPP), as outlined in Standing Order 2B. The Clerk is required to obtain certified coalition agreements to establish the numerical strength of parliamentary parties.
Junet Mohamed reminded the Speaker that court rulings must be respected.
“What made us go to court was so that the court interprets for us who is the majority. The court has made its decision,” he said.
“Court rulings are very important. We went to court over the presidential election results. The court ruled, and we respected it. This court ruling must be respected.”
However, Ichung’wah, who risks losing his majority leader position, rejected the ruling.
“I disagree with the court in many aspects. The court annulled the communication, and now you are called based on the numbers today to make the decision of who is the majority and minority side,” he said.
Suba North MP Millie Odhiambo and South Mugirango Silvanus Osoro. (X/NA)
Eldas MP Adan Keynan argued that the court ruling did not provide clear guidance on the majority status.
“We are back to square one—where we were when this parliament started in 2022. It portends a constitutional crisis unless the question is determined. We want your guidance,” he said.
Ugenya MP also dismissed the court’s decision, arguing that the majority status in the House is dynamic.
“The finding by the court is wrong. The position of who is the majority is a moving target. It depends on the numbers in the House,” he said.
Bumula MP Wamboka Wanami disagreed, insisting the matter was settled at the ballot.
“The question of who is the majority and minority is never a moving target. It was decided at the ballot,” he said.
The HBC, chaired by the Speaker, also includes the leader of the majority, the majority whip, the minority whip, and nine other members nominated by parliamentary parties. The committee plays a crucial role in setting the House’s agenda.
The Speaker is expected to issue formal communication on the court ruling before the House can proceed with its business.
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