The Court of Appeal will rule on March 21 on whether to suspend the High Court’s decision that declared the Azimio coalition the majority party in the National Assembly.
Speaker Moses Wetang’ula, through his lawyer Elisha Ongoya, argues that the High Court erred in overturning his ruling without thoroughly examining the evidence.
He contends that post-election coalitions can override the Independent Electoral and Boundaries Commission’s (IEBC) declaration and points out that the Azimio coalition agreement lacks signatures from UDM and MDG officials, casting doubt on its validity.
Wetang’ula warns that if the High Court’s decision is not suspended, he risks facing contempt of court charges, which could lead to his imprisonment and disrupt parliamentary proceedings.
On the other hand, Kibe Mungai, the petitioner’s lawyer, insists that the High Court’s ruling should stand, arguing that Wetang’ula’s decision violated the law. He maintains that Azimio remains the legitimate majority party and warns that granting the Speaker’s request would set a dangerous precedent of judicial impunity.
Mungai also accuses Wetang’ula of creating unnecessary confusion in Parliament, calling the appeal an abuse of the court process.
The High Court had previously nullified Wetang’ula’s decision to recognize Kenya Kwanza as the majority party, ruling in favor of Azimio.
However, despite the verdict, Wetang’ula upheld Kenya Kwanza’s majority status, citing its 165 members against Azimio’s 154, and directed that an appeal be filed.
