Nairobi — Azimio La Umoja One Kenya Alliance have termed the ruling by Speaker Moses Wetangula deeming their rivals in Kenya Kwanza Alliance as the majority as a nothing short of 'State Capture.'
Speaker Wetangula ruled that Kenya Kwanza Alliance has 179 Members of Parliament compared to 157 from their rivals in Azimio La Umoja One Kenya on the dint that 14 MPs whose political parties signed a post-election coalition agreement.
This include 8 MPs from the United Democratic Movement, three from PAA, two from Maendeleo Chap Chap and one from Movement Democratic Growth Party.
While reacting to the ruling shortly after the house proceeding were prematurely disrupted, Minority Leader Opiyo Wandayi disagreed with the ruling on the basis that it lacked merit on the weighty issues that were raised before the house by the coalition.
"We don't agree with it because it totally lacks any shred of jurisprudential value and we think this is the wrong beginning of the 13th Parliament," said Wandayi.
Sentiments that were echoed by Minority Whip Junet Mohamed who opined that Speaker Wetangula usurped the role of the Registrar of the Political Parties as well as the Political Parties Disputes Tribunal.
He argued that the Speaker of the National Assembly disregarded the valid status on the four parties that signed a pre-election coalition agreement with the Azimio coalition.
"In his wisdom or lack of it he decided to move 14 MPs from Azimio One Kenya to the Kenya Kwanza Alliance, you can't move members on the floor of the house. You are not the registrar of political parties," said Mohamed.
Nominated MP John Mbadi termed the ruling by Speaker Wetangula as a dictatorial one which they will pursue although he didn't mention which legal avenues, they will be pursuing.
"What we have witnessed is dictatorship by Parliament and through the Speaker. Kenyans gave exclusive mandate to ORPP to manage political affairs unless it's the Judiciary interpreting the law," said Mbadi.
However, Majority Leader in the house Kimani Ichung'wah lauded the ruling by the speaker maintain that Article 38 of the constitution which enshrines freedom of association cannot be set aside due over a clause in the Political Parties Act.
"The constitution remains supreme and sacrosanct above any statue which way the agreement was arrived at either by duress or whatever manner," said Ichung'wah.
"The issue is now settled and I want to call the Azimio One Kenya Alliance to join us in serving the people of Kenya," he added.
Deputy Majority Leader Owen Baya pointed out that the argument made by the Raila Odinga led coalition on the validity of their majority in the house was whimsy and lacked to convince the Speaker.
"The other side didn't convince the speaker but we convinced the speaker to take the ruling he has made and this parliament will uphold the rule of law and serve the people of Kenya,"said Baya.
Wetangula was forced to disrupt the sitting prematurely after Azimio La Umoja One Kenya lawmakers became rowdy.
This was shortly after he declared Kenya Kwanza Alliance as the majority in the house relegating the Azimio La Umoja One Kenya to the minority bench.
It became rowdy after the lawmakers from the Raila Odinga led coalition tried to grab the mace which could have paralyzed the proceeding.
Azimio La Umoja One Kenya lawmakers were seen milling around the mace forcing the sergeant at arms to surround it as the Speaker tried to bring the house to order.
"Order Order Hon Members, this house will stand adjourned until Tuesday the 11th of October 2022 at 2 30 PM," said Speaker Wetangula.
This came moments after Wetangula ruled in favor of the Kenya Kwanza Alliance terming them the majority.
In his ruling deemed 'Solomonic' Speaker Wetangula ruled that documents tabled before him and guided by previous jurisprudence on such matter undoubtedly led to the declaration that Kenya Kwanza wielded the majority in the house.
The Speaker upheld that the 14 members of Parliament from MCCP, PAA, UDM and MDG are recognized as Kenya Kwanza Alliance members having signed a post election coalition agreement with the coalition.
He formally announced Kikuyu MP Kimani Ichung'wah as the majority leader and his Ugunja Counterpart Opiyo Wandayi as the minority leader.
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He asserted that the pre-election agreement by the four political parties with Azimio La Umoja One Kenya was done under duress which was a clear violation of the constitution under Article 38.
"Allegations were also made by a number of members on alleged coercion and duress while entering into agreements with one of the coalitions. This if true is a serious affront to the democratic rights and freedoms that we enjoy as citizens of this country," said Wetangula.
Azimio La Umoja One Kenya secretary general Junet Mohamed was faulted for tabling documents with glaring irregularities on the status of the pre-election agreement between the 26 political parties within the coalition.
Speaker Wetangula pointed out that some documents had fewer signatures as compared to those deposited by the Registrar of Political Parties Anne Nderitu to the Clerk of the National Assembly.
"On perusal of the documents presented by Junet Mohamed and the version conveyed by the Registrar of Political Parties reveals glaring inconsistencies," the Speaker read in his ruling.
