National Assembly Speaker Moses Wetang'ula has stated that the decision to determine the majority coalition in Parliament rests with the Speaker.
Speaking in Parliament on Tuesday, February 11, Wetang'ula clarified that while the court had overturned his earlier ruling on the matter, it did not assign majority status to any coalition.
“The judgment quashed the direction of the Speaker on the majority-minority issue; the judgment never declared who is the majority. It is not the court to declare the majority, it is the Speaker of this house and you better know that,” he stated.
However, Rarieda MP Otiende Amollo challenged Wetangula’s stance, arguing that the court ruling had clear legal consequences that must be implemented.
Amollo warned that disregarding the court’s findings would amount to impunity, urging Wetangula to either implement the ruling or seek an appeal.
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“This matter did not go to court in vain; the contestation was your considered ruling. Once that ruling is quashed, you cannot then come and say that no decision has been made. The only way we can start debating whether this decision quashes and changes the position of the majority and minority is if we want to practice impunity.
"It is not in this forum to question the reasoning in the judgment. The only issue is, is it the finding of the court? And it is. If we are to be a country that practices the rule of law, let it be appealed, but until then, let it be implemented," he said.
Wetangula’s statement comes in response to heightened political debate in Parliament following the court’s ruling, which had been interpreted by some as a victory for the Azimio coalition.
During the proceedings, Suba North MP Millie Odhiambo called for Wetangula to step down, citing a conflict of interest.
Odhiambo argued that Wetangula should resign and allow Deputy Speaker Gladys Boss Shollei to take over, insisting that Parliament must respect judicial rulings.
“Mr Speaker, I humbly request you to step down and mandate Gladys Boss Shollei to take over in discharging the functions as Speaker because of your conflict of interest. I want to urge, as a Parliament, we need to obey court rulings and decisions even when we do not agree with them,” she stated.
However, Wetangula disputed Odhiambo’s interpretation of the court ruling, emphasizing that no formal motion had been tabled against him and that the judgment did not mandate his removal.
“As to whether the Speaker, yours truly, should preside over these proceedings or not, I’ll dispose it off as follows. There’s no motion before this House about the Speaker. I am a senior lawyer in this country and I’m your senior, Millie Odhiambo. I have read that judgment with a toothcomb, and there’s nowhere it requires the Speaker to do what you’ve said,” he responded.
