Wetang’ula should address dual roles
By Editorial, February 18, 2025A fact sheet published by the National Assembly says that “generally speaking, the Speaker holds the institution of Parliament together”. This applies to the presiding officers of the two Houses of Parliament – the National Assembly and the Senate.
Parliament cannot transact any business in the absence of the Speaker or his representatives. That is why the very first business of every new Parliament is the election of the Speaker.
Speakers draw their duties and responsibilities from the Constitution, the 2019 Parliamentary Service Act and the National Assembly Standing Orders. The Speaker is an ex officio member of Parliament elected by other members of Parliament.
The Constitution provides for separation of powers among the three arms of government, making the Speaker the head of one of the legislative wings.
The Speakership responsibility is significant because as representatives of the their respective House, they communicate with other arms of government, independent offices, constitutional commissions, ministries, departments, agencies and other local and international institutions.
The other major demand is that in their decision-making, they must “remain politically impartial at all times”.
They must interpret the rules impartially to maintain order and to defend the rights and privileges of members.
Proceedings in the National Assembly have turned into drama of the absurd in recent weeks after the High Court faulted the judgment of Speaker Moses Wetang’ula on the composition of the House.
The Speaker was reprimanded by the court, which projected him as biased following his declaration that Kenya Kwanza, and not Azimio la Umoja, was the majority party in the House.
According to the judges, his role as Ford Kenya leader conflicted with his assignment as Speaker.
The judges ruled that Wetang’ula’s dual responsibility is unlawful and unconstitutional.
“The holding of the Speaker as leader of Ford-Kenya and, at the same time, a key official in [the Kenya Kwanza] coalition evokes the appearance of bias and undermines the independence of Parliament,” they said.
Unless the decision of the three judges is overturned, Wetang’ula remains indicted. Kenyans need a constructive conversation around Wetang’ula’s accountability. The necessary constitutional instruments must be activated to address the conundrum surrounding the Speaker’s dual roles.