The Court of Appeal has declined to suspend a High Court ruling that declared Azimio la Umoja as the majority in the National Assembly.
The National Assembly, which is led by Speaker Wetang'ula, had moved to the Court of Appeal seeking to have the decision suspended.
In the appeal, it was noted that the National Assembly would grind to a halt over the High Court declaration.
However, in their ruling issued on Friday, March 21, Justices Daniel Musinga, Mumbi Ngugi, and Francis Tuiyott expressed that there was no evidence to show that the operations of the house would be disrupted.
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"With regard to the argument that the High Court judgment has highly disrupted the work of the National Assembly, there is no sufficient evidence before us that the business of the National Assembly is likely to grind to a halt unless the orders sought are granted," read the ruling in part.
"Even after the contested Speaker’s ruling of 12th February 2025, the National Assembly has continued to discharge its duties, albeit with some acrimony."
Meanwhile, the judges declined to issue a ruling on whether Wetangula could serve as a Speaker and Ford Kenya party leader at the same time.
"Regarding Hon. Wetangula's dual role as Speaker of the National Assembly and leader of Ford Kenya, it was submitted, and rightly so, that there was no dispositive order that was made by the High Court on the issue," the judges added.
"In the circumstances, we cannot pronounce ourselves on the same in an application for stay of proceedings or execution as the one before us. We can only stay a positive order that was issued by the trial court."
