Parliament sittings resume today for the fourth session after a two-month break, amid questions simmering on the implications of the court ruling rendered last week on who should hold the Majority position in the House.

Coming at a time when the country is running on a broad-based Government, arguments have been advanced that Parliament should not only be allowed to make its independent decisions but also, court rulings must be practical.

On Thursday October 6, 2022 Speaker of the National Assembly, Moses Wetang’ula made a ruling as the 13th Parliament commenced, which has seemingly had ripple effects, if the latest court decision is anything to go by.

In his ruling back then, Wetang’ula said it would be imprudent to treat 14 Members elected to the House under United Democratic Movement (UDM), Pamoja African Alliance (PAA), Maendeleo Chap Chap and Movement for Democratic Growth (MDG) as part of a coalition they expressly distanced both themselves and their parties from.

Wetang’ula said the 14 Members wrote to him distancing themselves and their parties from Azimio Coalition and called upon him to recognise their coalition agreement with Kenya Kwanza with respect to the business of the House.

 “With the14 members, the membership of the Kenya Kwanza Coalition stands at 179 Members while the membership of the Azimio la Umoja-One Kenya Coalition Party stands at 157 Members. This, by implication, indicates that the Kenya Kwanza Coalition is the Majority Party and the Azimio la Umoja-One Kenya Coalition Party is the Minority Party in this House,” read the October 6 ruling.

Also in the ruling, he said the Kenya Kwanza Coalition was entitled to appoint the Leader of the Majority Party while the Azimio la Umoja-One Kenya Coalition Party, the Leader of the Minority Party.

The Speaker made a ruling following a heated debate to determine who the majority or minority parties were.

The then Nominated Mp, John Mbadi for instance had stated: “There is no contention over which Members constitute the leadership of both the Kenya Kwanza Coalition and the Azimio la Umoja - One Kenya Coalition. The only contention that exists (and which formed the basis of the debate that ensued) is over which of the two is the majority.”

Wetang’ula explained that a coalition is defined as an alliance of two or more political parties formed for the purpose of pursuing a common goal and is governed by a written agreement that is deposited with the Registrar.

On the other hand, a coalition political party is defined as a coalition that is registered by the Registrar as a political party.

“Interestingly, section 10(1) of the Act allows two or more political parties to form a coalition or a coalition political party before or after an election, on condition that they deposit a coalition agreement with the Registrar,” the Speaker explained.

Also adding: “What I discern from this definition in section 10(1) of the Act is that Parliament in its wisdom legislated that two or more political parties may form a coalition or a coalition party and deposit a written agreement with the Registrar. Further, that a coalition of two or more parties may register itself as a political party with the Registrar under the Act.”

He said the legislation creates a unique and puzzling scenario where a coalition, which is a conglomeration of parties, can also be treated as a political party on its own right.

“Several Members argued that a coalition political party is a perfectly legal vehicle that was used in the just-concluded elections to allow individual and corporate membership within a coalition. In my understanding of Sections 2 and 10 of the Political Parties Act, Parliament permitted a coalition political party to elect to assume the character of either a party or a coalition,” Wetang’ula argued.

According to him, in the last general election, it was evident that Azimio la Umoja - One Kenya Coalition Party elected to behave as several political parties in certain categories of elections and as one political party with regard to the presidential election.

“It is without doubt that if it were to be considered as a political party, Azimio la Umoja - One Kenya Coalition Party has no elected Member in this House today, as no Member was elected under its banner,” he said.

After the Speaker made his ruling, the then Leader of Minority, Opiyo Wandayi said: “I listened keenly to your ruling on this contentious issue. Whereas, of course, I do not agree with it, I would wish to acknowledge the fact that this House operates in a quasi-judicial manner. Therefore, in line with rules of natural justice, tenets of democracy and established jurisprudence, I would wish to give notice that we shall be moving you to review your decision.”

But the Speaker insisted that a ruling such as the one he had made was not subject to debate.

“In the tradition of the House, under our Standing Orders and practice, once the Speaker makes a ruling such as the one I have made, it is not subject to debate, it is not appealable and it stands as it is. I want to take this opportunity to salute and thank Wandayi and all Members of the House, for the decorum that you have exhibited throughout the close to one hour that I delivered the ruling,” he said.

As he closed the debate on matter, Wetang’ula urged the minority to carry out their job to oversight robustly.

“I want to encourage the House to note that a decision has been made. Let the chips fall where they may. Take up your offices. Carry out a robust and vibrant oversight of the Government and make sure that public resources from taxpayers are put to good use. Audit their use vigorously and make sure that you do everything possible within the law to ensure that we have a responsible Parliament, with both sides being responsive to the needs of the people of Kenya.

“There will be no further debate on this matter. You know the rules. You are all very senior Members. And the new colleagues who have come in want to learn from you. Do not give them misdirection on procedure.”

 Fast forward 2025 and a landmark court ruling happened, which is poised to cause a major shakeup in the House.

According to the ruling, Azimio la Umoja-One Kenya coalition party is the majority in the National Assembly but this has since attracted criticism and support in equal measure.

The High Court ruled that Wetang’ula’s declaration that Kenya Kwanza was the Majority Party in the National assembly was unconstitutional.

According to a three judge bench consisting of Justices Jairus Ngaah, John Chigiti and Lawrence Mugambi, the Speaker violated the constitution, having made a determination without sufficient legal basis.

Minority Whip, Millie Odhiambo posted after the ruling: “Majority whip until further notice, sawa?”

Wiper Party Leader, Kalonzo Musyoka has since urged Azimio Mps to take the Majority side as the House resumes today.

He said that he would call a parliamentary group meeting on Wednesday to decide the way forward.

“On Tuesday, you should go and sit on the Majority side in the National Assembly because the court has made a determination that created artificial majority.

Similarly, Siaya Governor James Orengo has told the Orange Democratic Movement (ODM) to embrace the court ruling and follow it through to its implementation.

“I’m asking my party ODM, do not lose this thing that the High court of Kenya has said that Azimio is the majority party. Do not leave it, because instead of sitting on the table with whoever is in power, the court is giving you what belongs to you,” said Orengo.

Ugenya Mp, David Ochieng has however indicated that the matter at hand is political as opposed to being a legal question saying that most of the time, courts allow Parliament to run its own affairs.

He said the issue of whether majority and minorities were decided rightfully or not, is a political question, which the courts should have stayed away from.

“The law says that the majority will be the side that the party or coalition of parties that has more Mps. For me, the issue of whether a party has more members or not is a factual issue, it isn’t a legal issue. Political parties have organs that make decisions… a party is not supposed to be held hostage through agreements that are not being followed through,” he said in a televised interview.