A section of Members of Parliament on Tuesday, February 11 2025, leapt to the defence of National Assembly Speaker Moses Wetangula following a recent court ruling.

Central to the ruling was the determination that the speaker ceases to hold a dual role position as house speaker and the FORD Kenya leader.

Reactions to that ruling came up fast as Millie Odhiambo led the MPs from the opposition in demanding Wetang’ula’s resignation on grounds of conflict of interest.

“Mr Speaker, I humbly request you to step down and mandate Gladys Boss Shollei in discharging functions as the speaker because of your conflict of interest. Mr Speaker I want to urge that as a parliament we need to obey court rulings and decisions, even if we don’t agree with them,” she stated.

The MP’s demands were however dismissed as the United Democratic Alliance party members jumped to Wetangula’s defence.

Led by Gladys Shollei, the MPs tore into the ruling, terming it a personal affront to the speaker and an attempt to subvert the Constitution of Kenya. The deputy speaker was supported by Molo MP Kimani Kuria, MP Marriane Kittany, Emmanuel Wangwe and Ford Kenya duo of Majimbo Kalasinga(Kabuchai MP) and Tongaren MP Moses Chikati.

“In the argument that a speaker can’t be a member of a political party or a leader, Section 12 of the political party acts prohibits public officers from listing to a party or politicking. But there is an exemption in Subclause 2 for the president, deputy president, members of the national assembly, governors and deputy governors. The speaker is a member of the national assembly,” Shollei argued.

In her defence of Wetang’ula, Kittany said that there is nowhere on the ruling decreeing the speaker to relinquish his position according to her reading of the verdict.

On his part, Keiyo South MP Gideon Kimaiyo supported the speaker as he praised him for his unbiased conducting of the house business.

“You’ve always been impartial in your ruling. The three-judge bench said the problem is you didn’t submit evidence in your affidavit that the three parties had moved. So you only need to submit evidence to the register of political parties that the three UDM, PAA and the rest moved” he said.

Nyaribari Chache MP Jhanda Zeheer also expressed his dismay with what he termed a shocking ruling.

”The judgement stated that you’re a stranger in this house and not a member. Shockingly, the people tasked with interpreting the constitution disregarded the provision of article 97 that states you are a member,” he said.

The speaker also found an unlikely ally with ODM MP Rangwe MP Lilian Gogo vouching for him.

 The tough-talking member further vowed to vote for the speaker again if it comes to it.

“When it comes to voting for speaker of NA I will personally vote for one  Moses Masika Wetangula, so that we stop wasting time. The world is moving and we don’t have time,” Gogo, who termed the ongoing dispute on majority status in Parliament as inconsequential said.

Wetang’ula responds

Responding to Millie’s sentiments, Wetang’ula dismissed her call for his resignation noting that there is no motion presented before the house about his conduct as Speaker.

He explained that it is upon the parliament to conduct proceedings on his conduct and vote to determine his resignation and that neither the court nor other authorities outside parliament can make declarations that affect conduct of business in the National Assembly.

“As to whether the speaker, yours truly, should preside over this proceeding or not; I’ll dispose it off as false, one; there is no motion before the house about the Speaker. Number two, I am a senior lawyer in this country, and I am your senior Millie Odhiambo. I have read that judgement and there is no where it requires the speaker to do what you are saying; more particularly, the final findings of that judgement which as a distinguished learned friend we had an opportunity to read through together today, that judgement does not cast aspersions on the speaker presiding on proceedings,” Wetang’ula said.