Editor's Review

Barasa expressed that the ruling was flawed adding that the judges ignore important evidence.

Kimilili MP Didmus Barasa has opined that the High Court ruling declaring Azimio as the majority faction in the National Assembly was overtaken by events.

In a statement dated Friday, February 7, Barasa expressed that Speaker Moses Wetang'ula could still save Kenya Kwanza's status in the National Assembly.

According to Barasa, Wetang'ula could simply issue a new ruling on who the majority side is based on the court ruling, asserting that President William Ruto's faction would still maintain the majority.

Barasa explained that Ruto's faction still had the majority owing to the number of parties that defected from Azimio.

"The mitigation against this flawed ruling is simple - Speaker Wetang’ula should issue a fresh ruling based on current facts and the new coalition agreements that were not in place at the time of his earlier ruling," he stated.

"A new ruling reflecting these changes will reaffirm the undeniable reality- Kenya Kwanza commands a resounding majority."

File image of NA Speaker Moses Wetangula.

A three-judge bench had noted that Wetang'ula violated the Consitution in his earlier ruling, noting that he added parties that had defected from Azimio to Kenya Kwanza side.

Justices John Chigiti, Lawrence Mugambi and Jairus Ngaah added that there was no evidence given to them to show that the parties joined Kenya Kwanza at the time of the ruling.

“The Speaker cannot fault the Registrar of Political Parties. She could not provide what she did not have. The Speaker ought to have presented the agreements that were allegedly submitted during the debate. Without the post-election coalition agreements, he had no basis for his decision,” the court ruled.

Meanwhile, other leaders have demanded that Wetang'ula obey the court ruling and declare Suna East MP Junet Mohamed as the Majority Leader in the National Assembly and Kikukuyu MP Kimani Ichung'wah as the Minority Leader.

Wetang'ula and Parliament are yet to respond to the court ruling.

Notably, the National Assembly and Wetang'ula could challenge the Friday court ruling at the Court of Appeal.