A three-judge bench has today clarified that there was no High Court order requiring the National Assembly Speaker to resign from the Leadership of the Ford Kenya Party.
The Bench, sitting at the Court of Appeal in Nairobi arrived at this finding as it also ordered for the fast-tracking of the appeal case in which the National Assembly and the Speaker among other Appellant’s are challenging an earlier High Court Judgement regarding the Majority and Minority Leadership of the House.
In their Ruling, Appellate Judges Justices Daniel Musinga, Mumbi Ngugi and Francis Tuiyot declined to stay the High Court verdict but clarified several issues regarding the ongoing Appeal before the Court including a query in whether National Assembly Speaker the Rt. Hon. (Dr.) Moses Wetang’ula ought to have resigned from Leadership of the Ford Kenya Party before ascending to his post.
Among the other clarifications given by the Court, was the finding that there was currently no leadership vacuum following a second Ruling on the issue delivered in the House by Speaker Wetang’ula on February 12, 2025, affirming Kenya Kwanza as the Majority Party and Azimio la Umoja One Kenya Coalition as the Minority Party in the House.
“There is no sufficient evidence before us that the business of the National Assembly is likely to grind to a halt unless the orders sought are granted,” ruled the Bench.
The Bench further noted: “Even after the contested Speaker’s Ruling on February 12, 2025, the National Assembly has continued to discharge its duties albeit with some acrimony.”
Regarding whether the High Court verdict dated February 7, 2025, necessitated Speaker Wetang’ula to resign from the Ford Kenya Party, and whether he was in contempt of court over the same, the Judges clarified that there were no such orders from the said judgement.
“In the circumstances of this case, we think that the proper forum for interrogating the Speaker’s compliance (or lack thereof) with the orders of the High Court lies before the Court in the Contempt of Court proceedings,” noted the Judges.
The Appeal resumes for hearing, on priority basis as directed by the Bench.
