High Court foils MPs' bid to stop Kenya Kwanza being declared Minority Party

The High Court has dismissed an application by two Members of Parliament opposed to a case seeking to declare Kenya Kwanza the minority party in Parliament.

The ruling was made on Thursday by a three-judge bench following an application by Kibwezi West MP Mwengi Mutuse and Machakos Town MP Mutiso Mule.

The judges - Jairus Ngaa, John Chigiti and Lawrence Mugambi - dismissed the application to stop the hearing of a case by Azimio la Umoja One Kenya Coalition and 11 petitioners faulting a decision by the Speaker of the National Assembly Moses Wetang’ula, declaring Kenya Kwanza the majority party when it had 165 members as opposed to 171 from the opposition coalition.

In their ruling, the judges said Mr Mutuse and Mr Mule were not parties in the case filed by Azimio and therefore they have no locus standi (legal right) to halt the trial of the case before them.

The judges directed that the case filed by lawyer Lempaa Suyianka and Azimio praying for orders to quash Mr Wetang’ula's declaration of October 6, 2022 that Kenya Kwanza is the majority party in Parliament a nullity.

In the case, Azimio argued that Mr Wetang’ula’s decision to declare Kenya Kwanza the majority party when it had fewer MPs is a total violation of the Constitution.

In their ruling, the judges stated: “We have not been served with any order from the Court of Appeal staying the proceedings before us. We note the appellants Mutuse and Mule are not parties in the petition before us and therefore we dismiss their application to stay these proceedings pending the outcome of the appeal application by the National Assembly.”

The two lawmakers filed a cross-petition which the judges said is permissible in law but quickly noted the two MPs were not parties in the case by Azimio, Suyianka and 10 other petitioners.

In their cross-petition Mule and Mutuse were seeking to declare the move by Azimio and other petitioners unconstitutional.

More to follow...