High Court Blocks MPs’ Bid: Case to Declare Kenya Kwanza Minority Party to Continue
The High Court has rejected a request from two Members of Parliament who were against a case aiming to recognize Kenya Kwanza as the minority party in Parliament.
On Thursday, a three-judge panel issued a decision in response to a request from 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.
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The judges instructed that the lawsuit filed by lawyer Lempaa Suyianka and Azimio, requesting that Mr. Wetang’ula’s October 6, 2022 declaration about Kenya Kwanza being the majority party in Parliament be nullified, should proceed.
Azimio claimed that Mr. Wetang’ula’s choice to designate Kenya Kwanza as the majority party, despite having fewer MPs, is a complete breach 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.
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High Court Blocks MPs’ Bid: Case to Declare Kenya Kwanza Minority Party to Continue
