There was drama yesterday at the Senate after Azimio members occupied the Majority side of the House, following the landmark ruling by a three-judge High Court bench in Nairobi on Friday that declared Azimio the majority in Parliament.

“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,” reads part of the judgement.

Drama started when Kakamega Senator Boni Khalwale sought the attention of the Senate Deputy Speaker Kathuri Murungi (Meru) that he had been thrown out of his seat. “I seek your protection Mr Speaker. I have been thrown out of my position where I normally sit. I do not know where I am supposed to sit now,” Khalwale pleaded.

Murungi told the House that there was no court ruling touching on the Senate asking the members of the Azimio Coalition who had moved to the majority to take their seats on the minority side while Kenya Kwanza members should take their seats on the majority side.

“As far as I am concerned there is no High Court ruling declaring that Azimio coalition is the majority side in the Senate, Kenya Kwanza Alliance is the majority party in the Senate, the ruling delivered touches on the National Assembly; members should stand guided and act accordingly,” Murungi ruled.

Legal implications

Senator Okong’o Omogeni (Nyamira) charged that the implication of the ruling impact on the position of majority and minority in the House.

“We are going to send a statement outside there whether we are a country that follows the rule of law, respect court orders or we don’t. The court order is known to everybody. In this House, the minority have become the majority,” he said.

Omogeni reminded the House that court orders are supposed to be obeyed, adding that sometimes the High Court gives an easy way for interpretation.

There was more drama when the Senate started debate on the approval of the new members of the Senate Business Committee (SBC).

Enock Wambua (Kitui) charged that both the secretaries of Orange and Wiper parties sit in the committee including the ODM’s Deputy party leader.

“The entire leadership of Azimio move to this side, you must take note. There is something that Mr Speaker you have to take note. Look at the ones calling themselves majority, where are their leaders. Guide this House on who is the majority and who is the minority,” said Wambua.

Edwin Sifuna (Nairobi) said the Azimio would enforce the court order, adding that the Constitution is very elaborate and separates the roles of the National Assembly and the Senate.

“On the question of which party is the majority party, there is absolutely no mention throughout the entire document of the Constitution of the Senate. In my view, it means the designation of the majority party is set in the National Assembly,” said Sifuna, going on to explain that it would be absurd for him as Secretary General of ODM to be in the majority in the National Assembly and in the minority in Senate.

Further agreement

“For instance, our membership of PSC, there is only one person who writes those letters to you and that is the Secretary General of Azimio. Would he write there in the National Assembly leader of the Majority party and here he writes as the leader of the minority party?” he posed.

Nominated Senator Veronica Maina clarified that United Democratic Movement (UDM) signed an agreement with United Democratic Alliance (UDA) that makes Kenya Kwanza majority in the House. According to her, she witnessed the agreement and signed the document as the then Secretary General of UDA. “I speak as a witness, I have an evidence. My statement is equivalent to evidence that can be tabled anywhere before any session or before any plenary. That now rests the matter.”