Azimio la Umoja One Kenya Coalition Party is fighting to retain its status as the majority side in the National Assembly, contesting an application to suspend High Court orders that affirmed its position.
Opposition leader Raila Odinga’s coalition strongly opposed the appeal filed by Speaker Moses Wetang’ula, Majority Leader Kimani Ichung’wa, and the National Assembly. Suna East MP Junet Mohamed, also Azimio’s secretary general, submitted an affidavit urging Court of Appeal Judges Daniel Musinga, Mumbi Ngugi, and Francis Tuiyott to dismiss the application.
Junet argued that Wetang’ula had unlawfully denied Azimio its rightful position in the House, stating, “Contrary to the applicant’s assertions, the applicant has been operating illegally, subverting the Constitution and the will of the people by denying them their rightful Majority political party and all associated benefits.”
Azimio’s lawyers, Paul Mwangi and Arnold Oginga, claimed the urgent application sought to legitimize Wetang’ula’s February 12, 2025, ruling, which attempted to shift the balance of power back to Kenya Kwanza. They insisted that the majority and minority positions were determined at the ballot, making the opposition the rightful majority party.
They further criticized the Speaker’s ruling as an act of defiance, arguing that the National Assembly was functioning smoothly and no intervention was necessary. “The applicant is merely using these proceedings to circumvent the law and overturn the High Court judgment that established the majority-minority question based on the Independent Electoral and Boundaries Commission (IEBC) declaration under Article 108 of the Constitution,” Junet stated.
In his appeal, Wetang’ula expressed fears of being held in contempt of court should the Court of Appeal decline to intervene. He noted that a case had already been filed before Justices Jairus Ngaah, John Chigiti, and Lawrence Mugambi seeking to find him in contempt.
During arguments, National Assembly lawyer Elisha Ongoya contended that the Speaker was acting in compliance with court directives and that there was no explicit order defining the majority and minority status. He questioned what would happen if electoral petitions altered party numbers or if post-election coalition agreements were challenged.
Justice Tuiyott pressed the Speaker’s legal team on why they sought to freeze the High Court judgment while simultaneously claiming compliance. Ongoya responded that the matter centered on Wetang’ula’s dual role as Speaker and Ford Kenya leader, a position that also made him a principal in Kenya Kwanza.
Meanwhile, lawyer George Murugara argued that the High Court’s orders had disrupted parliamentary operations, leading to a divided House. He insisted that suspending the ruling would restore full functionality. “Currently, only 50 per cent of House business is active, as the majority and minority sides are at odds. The ruling will ensure 100 per cent operation,” Murugara stated.
In response, lawyer Kibe Mungai, representing Kenneth Njagi and others, accused the Speaker of attempting to manipulate the process behind the scenes.
The battle over majority status continues to intensify as both sides remain locked in a legal and political struggle that could reshape the National Assembly’s balance of power.