‘Judges’ ruling on Azimio majority quite shallow’ – Ugenya MP Ochieng
By Arnold Ngure, February 10, 2025Ugenya MP and party leader of the Movement for Democracy and Growth (MDG) David Ochieng has disparaged a court ruling on Friday, February 7, 2025, which declared the Azimio coalition as the majority party in Parliament.
Speaking during a morning TV show on Monday, February 10, 2025, Ochieng indicated that the judge’s decision on the majority in parliament failed the test of practicability since it had been overtaken by events.
“I have read the judgment twice now to understand the import of the same; and I can tell you for sure that the arguments there, for me are quite shallow. I disagree with the judges completely,” Ochieng said.
“When making decisions, judges must always look at the practicability of the decisions being executed and implemented. This decision that was made on Friday, how is it possible to implement it now,” Ochieng quipped.
Majority coalition
Milimani High Court on Friday, February 7, 2025, declared the Azimio coalition as the majority party in the National Assembly.
According to Justices John Chigiti, Lawrence Mugambi, and Jairus Ngaah, Kenya Kwanza is not the majority party in the National Assembly.
Ochieng also revealed that at the time of forming the current government, the Azimio coalition lacked structures and that several parties which changed their allegiance could not find offices to table their withdrawal from the coalition.
The case was filed in court after Wetang’ula on October 6, 2022, assigned 14 members from various parties to Kenya Kwanza, tipping the scales to make it the majority party. Following Wetang’ula’s decision, Kenya Kwanza attained a total of 179 members in the House against Azimio la Umoja One Kenya coalition party’s 157.
Tipping the scales
“By assigning Kenya Kwanza the 14 members of the parties without any reason and declaring Kenya Kwanza as the majority leader, it follows that the Speaker violated the Constitution,” the court ruled.
The case was filed in 2023 by 12 individuals who identified themselves as registered voters.
They contended that 171 members of the National Assembly were elected on the tickets of political parties that formed the Azimio coalition while 165 members of the National Assembly were elected on Kenya Kwanza coalition parties’ tickets.
They stated in their court documents that going by the results, the Azimio coalition became the majority party in the National Assembly after the August 9, 2022 General Elections. Azimio coalition could not be determined by the Speaker of the National Assembly.