Court throws out Wetangula request to block case

National Assembly Speaker Moses Wetang'ula speaking at a funeral in Webuye East on June 14. [Benjamin Sakwa, Sandard]

Speaker of the National Assembly Moses Wetang'ula has suffered a major setback after the Court of Appeal on Thursday declined his plea to block a case seeking to declare all transactions in Parliament null and void on grounds that the Kenya Kwanza Alliance is a minority party.

A three-judge bench comprising Justices Gatembu Kairu, Lydia Achode and Justice Ngenye Macharia dismissed an application by Wetang'ula to halt further hearing of a case by twelve voters challenging his decision to declare Kenya Kwanza has a majority number of MPs in the House and all the activities so far conducted as illegal.

While throwing out the application seeking to bar the High Court from hearing and determining the lawsuit pending the hearing of his appeal to have the petition against him, President William Ruto's party UDA, Amani National Congress, Ford Kenya, Registrar of Political Parties, the Attorney General and IEBC dismissed, the appellant court judges noted that Wetang'ula's request lacked merit.

"Having considered the submissions by the counsel, we are satisfied that the appeal by Wetang'ula is not vexatious or frivolous.

However, we are not satisfied that exceptional circumstances have been met that will render the appeal nugatory if a stay of proceedings is not granted. The application for a stay of proceedings is dismissed," the bench ruled.

The court stated that it would deliver a full ruling and reasons thereof as to why it rejected Wetangula's application on December 6, 2024.

Wetang'ula had urged the three judges to issue orders barring High Court Judges Jairus Ngaah, John Chigiti, and Lawrence Mugambi from further hearing a case challenging Kenya Kwanza's alleged control of Parliament pending the determination of his appeal.