Ruling on majority party victory for justice
By Alberto Leny, February 11, 2025Last Friday’s High Court ruling declaring the Azimio la Umoja One Kenya coalition as the majority party in the National Assembly is not only a victory for the rule of law but also a reaffirmation of the enduring sanctity of the Constitution.
In quashing Speaker Wetang’ula’s 6 October 2022 proclamation of President William Ruto’s Kenya Kwanza alliance as the majority party, the three judges’ “bombshell” ruling restores citizens’ confidence in the courts as the people’s last recourse defenders of justice.
The weight of the ruling on the scale of justice can only be compared to the historic Supreme Court ruling by then Chief Justice David Maraga that the 2017 presidential election was unconstitutional, which won jurisprudential acclaim across the African continent
It’s a judgment that will shake the political establishment to the core, as it reinforces the principle of separation of powers between the Executive, the Legislature and the Judiciary, sending a clear warning to the ruling class.
That is, no amount of manipulation of the Constitution or the electoral process will succeed in derailing the will of the people from electing the individuals and political parties they want to democratically represent them through universal suffrage.
By finding Wetang’ula’s declaration unconstitutional, null and void, the judges revealed that the Speaker had acted arbitrarily and in violation of Article 101 of the Constitution on the election of members of Parliament.
The ruling is not only a sharp indictment of the Speaker, as it equally censured him for clinging to the chairmanship of his party while holding his seat in Parliament. It also throws into doubt his impartiality in the House, rendering most of his legislative decisions undemocratic.
Further, it is a stinging rebuke of President Ruto, who brazenly moved with alacrity after his disputed election victory to “capture” the 14 MPs in five Azimio-affiliated parties to manipulate the controversial Kenya Kwanza majority in his favour.
The ramifications of the court’s ruling will send thorny questions reverberating across the two chambers of Parliament and corridors of justice, as Senate Speaker Amason Kingi was leader of Pamoja African Alliance (PAA) party, which contested the 2022 election on an Azimio ticket.
Ultimately, Friday’s ruling will cause observers and the legal fraternity to revisit the controversial 2022 elections, whose outcome continues to raise unanswered questions regarding its credibility and foolproof integrity that has put the Independent Electoral and Boundaries Commission (IEBC) in the spotlight.
Kenya is already in a presidential election fever, yet the poll date is two-and-a-half years away, with the IEBC not yet fully constituted as required by the Constitution, raising more questions on whether the controversies of the past, God forbid, will recur.
President Ruto appears determined to secure a second term at all costs even as calls casting him “one-term” intensify. Several formidable candidates have thrown their hat into the ring to challenge him in 2027.
What is certain is that Ruto faces a daunting task in his quest, with his leadership already tested and shaken by public indignation at some of his actions, policies and statements, amplified by last year’s popular Gen Z protests that rocked his government.
That he had to eat humble pie and beg for the support of avowed political rivals and critics he had arrogantly castigated as losing “dynasties” for the survival of his tottering administration is testimony to the monumental task ahead.
— The writer comments on constitutional affairs; albertoleny@gmail.com