Nyaribari Chache MP Zaheer Jhanda has dismissed the recent High Court ruling that declared Azimio la Umoja One Kenya Coalition as the majority party in the National Assembly, insisting that the opposition coalition no longer exists.

Speaking in a local media interview on February 11, 2025, just before the resumption of National Assembly sittings, Jhanda questioned the significance of the court’s decision, stating that it favoured no one given the current state of the coalition.

“Azimio is as good as dead. There is no Azimio. So the ruling favours who? I’m just trying to imagine,” he said.

The lawmaker expressed his intent to observe how the situation unfolds in parliament following the resumption and note if the ruling, will lead to any changes in the operations of the House.

“We are moving to parliament today, so let’s see what happens,” Jhanda stated.

No substantive relief

His remarks come after Homa Bay Town Constituency MP Peter Kaluma also dismissed the court ruling terming it a decision that gives nothing in substance.

Taking to his official X account on Sunday, February 9, 2025, the Orange Democratic Movement (ODM) lawmaker argued that the court declaration unduly delayed and denied the Azimio coalition allies justice.

Kaluma highlighted that several political parties aligned with Azimio have since departed from the coalition, effectively leaving it for dead.

He pointed out that the United Democratic Movement (UDM) had exited the coalition even before Parliament resumed, followed by Martha Karua’s Narc Kenya party.

“UDM left Azimio before Parliament even sat. Narc Kenya left Azimio. DAP and Wiper left Azimio for a coalition with Gachagua. Jubilee died barely 5 months after the 2022 elections. Azimio died and was buried long ago. Court declaration that Azimio is the majority party in Parliament unduly delayed and denied us justice – it is no more than a pyrrhic victory; a right decision that gives nothing in substance. Lawyers call this “judicialisation” of politics,” Kaluma stated.

Constitutional violation

The three-judge bench, consisting of Justices John Chigiti, Lawrence Mugambi, and Jairus Ngaah, in their ruling at the Milimani High Court on February 7, 2025, found that National Assembly Speaker Moses Wetangula had violated the Constitution when he declared Kenya Kwanza as the majority party.

The court ruled that the majority status was determined by the Kenyan electorate in the August 2022 general elections, in which Azimio secured 171 seats compared to Kenya Kwanza’s 165.

“It is hereby declared that the question of which party or coalition is the majority in the National Assembly of the 13th Parliament was resolved by the sovereign will of the Kenyan voters during the August 9, 2022, general elections,” the court ruled.

This decision overturned Speaker Wetangula’s October 6, 2022, ruling that had assigned 14 members from various parties to Kenya Kwanza, falsely granting the coalition a majority with 179 members versus Azimio’s 157.

The court also declined to grant a 45-day stay of judgment requested by Kenya Kwanza’s legal team, paving the way for potential parliamentary reorganization as MPs returned from recess.

The case was initiated in 2023 by 12 individuals identifying themselves as registered voters, arguing that the majority party status should reflect the original election results rather than post-election coalition arrangements.