Nairobi — Twelve voters have moved to court seeking to challenge the allegiance shift of Members of Parliament elected under Azimio La Umoja One Kenya Coalition affiliate parties to Kenya Kwanza.
Also, they have questioned the ruling by National Assembly Speaker Moses Wetangula determining who were the majority coalition and the minority coalition in the National Assembly.
On October 6 2022, Wetangula declared Kenya Kwanza Coalition as the majority coalition by the dint of Azimio Coalition MPs decamping to the ruling coalition.
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 includes 8 MPs from the United Democratic Movement, three from PAA, two from Maendeleo Chap Chap, and one from Movement Democratic Growth Party.
The petitioners claimed that when voters cast their vote on August 9, they elected Azimio La Umoja Coalition as the majority in National Assembly hence Wetangula overturned the collective verdict of the electorate.
"The unconstitutional ruling by National Assembly Speaker Moses Wetangula has triggered constitutional crisis in Kenya in that minority party has taken over house business committees and other committees of the house," the petition read.
The petitioners are Lempaa Suyianka, Kenneth Njagi, Meshack Suba, Teddy Muturi, Amos Wanjala, Stephen Kihonge, Sophie Dola, Winnie Thuo, Victor Ng'ang'a, Smon Lkoma, Caroline Mogaka, and Francis Kenya.
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The twelve voters who support the Azimio La Umoja Coalition want the coalition declared as the majority and the Kenya Kwanza Alliance declared as the minority based on the election outcome.
The petitioners through their lawyer Kibe Mungai want the position of the National Assembly Speaker declared vacant arguing that Wetangula wasn't validly elected.
In the petition, they have pointed out that Wetangula failed to relinquish his position as Ford Kenya Party Leader which is an ex-official party in the Kenya Kwanza Coalition.
"On account of multiple roles of Hon. Wetang'ula, member of Kenya Kwanza Coalition Party Leaders Forum and member of its coalition Parliament Group, the fourth respondent occupation of the office of the Speaker of the National Assembly is inconsistent with and contravenes legal provisions of constitutional norms," the petition read.
The petitioners have accused the Kenya Kwanza Coalition of violating the constitution saying they have sponsored the political rebellion in the Jubilee Party that has seen a section of legislators defect.
"That a declaration be issued that the 4th respondent is complicit and guilty of aiding and abetting the defacto defection of Jubilee MPs into the Kenya Kwanza Alliance Coalition," the court papers read.
In the list of respondents, Kenya Kwanza, National Assembly, Wetang'ula, and Registrar of Political Parties Anne Nderitu have been listed.
Also listed is the Leader of Majority Kimani Ichung'wa, Deputy Leader of Majority Owen Baya, Majority Whip Sylvanus Osoro, Deputy Majority Whip Naomi Jillo, and nominated MP Sabina Chege.
