Wajir South Member of Parliament (MP) Mohamed Adow has disclosed that they have not received any official communication from the Azimio la Umoja coalition on the side to sit at the National Assembly following the court’s order on the majority case in the National Assembly. 

Speaking during an interview on Tuesday morning, February 11, 2025, Adow said that the house has its way of conducting business, adding that the Kenya Kwanza coalition might appeal the ruling.

In addition, the MP stated that the ruling might not affect how the House votes since it is a government of national unity.

“Not at all, the House has its own way of conducting business. This is a decision that will probably be appealed. The courts have decided that Azimio is the biggest coalition. I believe so, but again, this is now a government of national unity, and there is not much distinction in the way we vote. There is a lot of uncertainty, so we will be watching how things go.

“We will see today if we will sit on the other side,” he said.

Court declaration

Milimani High Court on Friday, February 7, 2025, declared the Azimio coalition as the majority party in the National Assembly.

The judgement was delivered by a three-judge bench stating that Kenya Kwanza is not the majority party in the National Assembly.

Justices John Chigiti, Lawrence Mugambi, and Jairus Ngaah ruled on the matter.

According to the ruling, the majority party was determined by Kenyans during the August 2022 general elections.

“It is hereby declared that the question as to which party or coalition parties is the majority of the National Assembly of the 13th Parliament was determined by the sovereign will of the Kenyan voters during the August 9, 2022, general elections,” part of the ruling read.

Petitioners

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. The Speaker of the National Assembly could not determine the Azimio coalition.

He also argued that “in so far as the petition seeks to determine a dispute between political parties and coalitions, the court lacks the power to entertain the dispute,” the reason being that the petitioners had not exhausted all the available dispute resolution mechanisms.

The petitioners were also aggrieved that although Moses Wetangula was elected the Speaker of the National Assembly, he held and still holds the position of the leader of the Ford-Kenya party; that he is a member of the Kenya Kwanza Forum of party leaders; and that he is an ex officio member of the coalition parliamentary group of Kenya Kwanza.