Moses Wetang’ula, the Speaker of the National Assembly, is facing a contempt of court charge due to his handling of the majority party leadership in the House.
On April 4, 2025, a three-judge bench set a hearing date for July 17, 2025, to discuss the case filed by 12 activists. The activists argue that Wetang’ula defied a court ruling that declared the Azimio la Umoja One Kenya Coalition as the Majority Party in the National Assembly.
They are seeking Wetang’ula’s imprisonment for six months for contempt of court, accusing him of violating the judgment.
Lawyer Kibe Mungai, representing the petitioners, pointed out that Wetang’ula violated the court ruling by maintaining the Kenya Kwanza Coalition as the Majority Party.
The petitioners also argued that Wetang’ula should not continue as Speaker while still holding leadership in the Ford Kenya party, claiming that this is a conflict of interest.
However, Wetang’ula’s lawyer, Judith Guserwa, responded by stating that the petitioners did not serve the contempt proceedings correctly, which made it difficult for Wetang’ula and the National Assembly to respond properly.
In his defense, Wetang’ula argues that he is protected by parliamentary immunity. According to Article 117 of the Constitution and Section 12 of the Parliamentary Powers and Privileges Act, Wetang’ula claims that he cannot be sued for contempt of court in his official capacity as Speaker.
His application asks for the case to be dismissed, stating that the court has no jurisdiction to hear contempt proceedings against him. Wetang’ula contends that the court has not issued any orders that could be enforced through contempt proceedings, as no ruling directly required him to do or refrain from any specific action as Speaker.
The case stems from a February 7, 2025, ruling by a three-judge bench that declared Azimio la Umoja as the Majority Party, not Kenya Kwanza. The court found that Wetang’ula’s decision on October 6, 2022, to assign members to the Kenya Kwanza Coalition, was unconstitutional.
This decision allowed Kenya Kwanza to claim the majority status in the National Assembly, despite the Azimio coalition having more parties on record.The court’s judgment indicated that Wetang’ula did not have a valid basis for reassigning members to Kenya Kwanza.
The ruling highlighted that the Speaker’s actions violated the constitution and the integrity of the assembly’s composition. Furthermore, the court noted that Wetang’ula’s reliance on post-election coalition agreements that were not part of the official record had no legal foundation.
On March 21, 2025, the Court of Appeal declined to stay the High Court’s orders, maintaining that Azimio remains the Majority Party. This ruling has complicated Wetang’ula’s position and intensified the legal challenges he faces.
As the Speaker fights to have the contempt case dismissed, the controversy surrounding his role and the leadership in the National Assembly is far from over.
The hearing set for July 17, 2025, will be a critical moment in determining the legal and political fate of Wetang’ula and his position as Speaker.
