BY SAM ALFAN.
A ruling by Speaker of National Assembly Moses Wetangula that Kenya Kwanza Alliance (KKA) has the majority members in the National Assembly has been challenged in court.
Fourteen Jubilee and Azimio supporters moved to court seeking to suspend Wetangula’s ruling or determination as contained in the communication made on October 6, 2022 declaring KKA as the majority party in the 13th Parliament.
The petitioners including lawyers Lempaa Suyinka, and Kenneth Njiru, Meshack Churchill, Teddy Muturi, Amos Wanjala, Steven Ndung’u also wants the High Court stay MP Kanini Kega’s notice dated 13 June, 2023 seeking to withdraw Jubilee Party from Azimio la Umoja One Kenya Coalition.
Justice Lawrence Mugambi certified the case as urgent but the court declined to issue an orders sought by the petitioners.
“The conservatory orders sought should be granted in order to uphold constitutionalism and multi-party democracy in Kenya and conservatory orders sought should be granted in order to uphold constitutionalism and multi-party democracy in Kenya,” says the petitioners urged.
The petitioners further want the court to suspend or otherwise stay the obligation of Kenyan Citizens, who are members or supporters of Azimio Coalition to pay 50 per cent of taxes until the status, rights and privileges of the coalition as the majority party in the National Assembly in the Parliament is restored.
The petition also seeks to restrain Kimani Ichung’wah, Owen Baya, Sylvanus Osoro and Naomi Wako from performing the functions and duties of Leader of Majority, Deputy Leader of Majority, Majority Chief Whip and Deputy Majority Chief Whip in the National Assembly.
Through lawyer Kibe Mungai, they wants Speaker Wetangula be prohibited from attending political rallies and meetings of the Kenya Kwanza Alliance.
“An order of injunction be issued to restrain the Registrar of Political Parties from condoning, acquiescing in, aiding and abetting the scheme, actions and omissions of the Kenya Kwanza Alliance herein of soliciting, sponsoring and encouraging the defection of and revolt by elected leaders of Azimio Coalition and its constituent’s parties.,” Says the Azimio supporters.
They argue that notwithstanding the fact that in accordance with the results of the elections of the National Assembly held on 9th August, 2023 the Azimio la Umoja One Kenya Coalition was elected as the majority party in the National Assembly.
However, Speaker Wentangula allegedly overturned the collective verdict of the sovereign citizens of Kenya by declaring that the Kwanza Alliance as the majority party, in his ruling.
They argue that under the Constitution of Kenya and the Standing Orders of the National Assembly the Speaker Moses Wetangula had no jurisdiction to determine who the majority party is and who is the minority party as he purported to do in his Communication made on 6th October, 2022
“The immediate consequence of Speaker Wetangula’s Ruling is that the National Government of the Republic has not been established in accordance with the Constitution and the results of the General Election held on 9th August, 2022,” says the voters.
In their court documents, they argue that the unconstitutional Ruling of Speaker Wetangula has triggered a constitutional crisis in Kenya in that the minority party in the National Assembly has taken over leadership in the House Business Committee and other committees of the House and have now prepared the Finance Bill, 2023 and attendant Budget and Appropriation Act, 2023 that are insensitive to the economic suffering ravaging Kenyans and violated all the principles of fair taxation.
According to the petition, the leadership of the majority party that was unlawfully put into office by Speaker Wetangula should not engage in further discharge of parliamentary duties until this petition is heard and determined.
“In view of the foregoing this Honourable Court should waive the obligations of Kenyan citizens who are members or supporters of the Azimio Coalition to pay 50 per cent of direct taxes unless and until the status, rights and privileges of Azimio Coalition as the majority party in the National Assembly are restored,” the petition states.
