Nairobi — All eyes are on the Speaker of the National Assembly Moses Wetangula as he is set to make the ruling on the question on who is the majority in the house Thursday afternoon.
A fierce tussle has ensued in the National Assembly where the Kenya Kwanza Alliance and Azimio La Umoja - One Kenya Coalition Party are each claiming to have a majority.
"I will consider the matter that you have prosecuted before the house and I will give you a reasoned ruling touching o the facts, the jurisprudence the constitutionality of the issue and any other matters that we conversed on Thursday, October 6, 2022, at 2:30pm," he said before adjourning the sitting.
Speaker Wetangula was expected to make the ruling on Tuesday, this week when the house had its official sitting but instead asked the lawmakers to address him on the issue before he retreats.
"I will reserve the rest of today's sitting to allow the house address me on this matter so that I can retreat to make a reasonable ruling on this matter," Wetangula stated during the sitting on Tuesday.
In the communication before the house, Wetangula announced that he had received a letter on September 28 from Suna East MP Junet Mohamed addressing himself as the Majority Whip where he conveyed the house leaders agreed on during the coalition's parliamentary group meeting.
On September 22, he received a letter from South Mugirango MP Sylvanus Osoro addressing himself as the Majority Whip notifying the Speaker on the house leadership line-up from the Kenya Kwanza camp.
Legislators traded barbs Tuesday afternoon over who was the bonafide Majority Leader in the National Assembly between the Azimio La Umoja One Kenya and the Kenya Kwanza Alliance.
The contention is whether Azimio La Umoja - One Kenya Coalition is a coalition party or a coalition of parties having no single legislator elected on the party ticket.
Kikuyu MP Kimani Ichungwa, the proposed Majority Leader from Kenya Kwanza Alliance held that Azimio La Umoja One Kenya is not a parliamentary party having failed to obtain 5 percent threshold of legislators.
Ichungwa argued that according to section 19 (a) and 20 of the Standing Orders, Azimio La Umoja cant purport to propose the names of the majority leader or the minority leader.
"The question of the majority is easy because it is all about the numbers by just calculating the number of parliamentary political parties," said Ichungwa.
"That means that ODM with slightly above 80 Mps is then the second largest political party after the Kenya Kwanza Coalition. That is what we created in the mess of the Political Parties Act of 2021,"he added.
In a quick rejoinder, Azimio La Umoja One Kenya MPs from constituent parties insisted that they are both a coalition party and a coalition of parties.
Therefore according to the records deposited at the Registrar of Political Parties they are the legitimate coalition that holds the majority in the National Assembly.
"Upon the convening of the 13th Parliament and upon the determination by the clerk of the National Assembly of the status of various coalitions from the registrar of political parties," said Ugunja MP Opiyo Wandayi, Azimio's proposed majority leader
"The speaker is indeed required to simply convey the same of the house. Any other thing is mere hot air," he added.
Speaker's Wetangula ruling on the matter will set the ball rolling on crucial activities in the house including the formation of the House Business Committee (HBC).
The House Business Committee formulates activities and business of the August house by implementing the Standing Orders which will determine the scheduling or programming of the business of the House and the functioning of the Committees of the House.
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The ruling of the Speaker is critical in the formation of the HBC as it comprises the Speaker, the Majority Leader, the Minority Leader, and not less than 21 or more than 29 members nominated by parliamentary parties approved by the House.
According to the standing orders the committee is formed within seven days from the day Parliament opens.
Also in the first in-tray is the vetting of President William Ruto 22 cabinet nominees which are supposed to be concluded within 28 days.
The lawmakers changed the law on the vetting days of Cabinet secretaries from the initial 14 to 28 days.
The vetting will be undertaken by the House Committee on Appointment, which is chaired by the Speaker of the House and has the leaders of the majority and minority, among other members.
The 21 member committee is required to undertake approval hearings on the nominees and produce a report to the House recommending the approval or rejection of the nominees.
