The battle for control of Kenya’s Parliament has escalated, with the dispute over Majority and Minority party status now reaching the Court of Appeal. Four MPs from the ruling United Democratic Alliance (UDA) have challenged a High Court ruling that overturned Speaker Moses Wetang’ula’s decision to designate the Kenya Kwanza Alliance as the Majority Party.
The MPs, led by Majority Leader Kimani Ichung’wah, argue that the High Court’s decision failed to account for the wide-ranging consequences of its judgment, particularly regarding staff employment in both the Majority and Minority leadership offices. Ichung’wah, along with Deputy Majority Leader Owen Baya, Majority Chief Whip Sylvanus Osoro, and Deputy Chief Whip Naomi Jillo Waqo, filed the appeal. They have requested the Court of Appeal to suspend the execution of the High Court’s ruling, which was delivered on February 7, 2025.
The National Assembly has also filed a separate appeal, stating that the ruling has created a deadlock in parliamentary operations and caused significant administrative confusion. The National Assembly’s legal representative, Sandra Nganyi, emphasized the urgency of resolving the dispute, seeking a fast-tracked hearing in the Court of Appeal. “It is in the public interest that this court intervenes to halt the confusion and negative effects caused by the High Court judgment,” Nganyi stated in the appeal documents.
The MPs argue that the High Court misinterpreted the law by declaring that voters determined the Majority and Minority parties during the General Election, neglecting the constitutional and legal importance of coalition agreements in defining parliamentary leadership. “The court disregarded coalition agreements in its decision, contrary to constitutional and legal provisions,” Nganyi argued.
As the case awaits hearing, the appellants have warned that failing to resolve the issue could disrupt parliamentary functions. The MPs argue that the ruling has created a standoff, affecting the livelihoods of staff employed in both Majority and Minority offices, and undermining parliamentary operations.
The Court of Appeal is set to hear the case, which could have significant implications for parliamentary processes and leadership in Kenya.
