The High Court’s recent decision overturning Kenya Kwanza’s majority status in Parliament has thrown the House into uncertainty, raising questions about the balance of power and its implications on legislative affairs.
Speaker Moses Wetang’ula is set to address lawmakers on Wednesday afternoon regarding the ongoing debate over the Majority and Minority leadership.
On Tuesday, he faced pressure to step down over his controversial October 2022 ruling, which had declared Kenya Kwanza the Majority party with 179 MPs, compared to Azimio’s 157.
A three-judge bench comprising Justices John Chigiti, Lawrence Mugambi, and Jairus Ngaah ruled last week that Wetang’ula’s decision was unconstitutional. The court determined that he had wrongly allocated 14 MPs from other parties to Kenya Kwanza without proper justification. However, the ruling did not explicitly declare which coalition now holds the Majority, leaving Parliament in a state of flux.
House Business Committee in Limbo
The ruling has disrupted parliamentary operations, as seen on Tuesday when chaos in the House delayed the approval of members for the influential House Business Committee (HBC).
This committee, chaired by the Speaker, determines the legislative calendar and decides which matters are prioritized for debate.
Implications on House Business Committee (HBC)
MPs will miss Wednesday morning’s sitting, usually reserved for Private Members’ Questions, as the House has yet to set its business.
On Tuesday, chaos in Parliament delayed the approval of members set to sit in the HBC, which is chaired by Speaker Wetang’ula.
This powerful committee determines the House’s calendar and approves all business before it is tabled.
The HBC includes the Majority and Minority leaders, their respective Whips, and nine other members nominated by parliamentary parties and approved by MPs in a plenary session at the start of each session.
It is the House’s first order of business upon resumption from recess and is usually prioritised to set the agenda and calendar.
The committee is largely controlled by the government-allied faction, meaning a shift in Majority status could disrupt the normal functioning of the House.
Implication on oversight committees
The High Court ruling could impact President William Ruto’s legislative agenda and disrupt committee operations.
While the ruling does not affect Ruto’s numerical advantage in the House, it assigns Azimio coalition members the majority in committees.
This could pose a challenge for the President if he falls out with Azimio MPs, as they could block his agenda in committee deliberations.
If the ruling is upheld, Kenya Kwanza will be forced to lead the oversight committees, including the Public Accounts and Public Investments Committees.
These committees are legally chaired by the Minority side to ensure government accountability.
Since Kenya Kwanza formed the government but is now considered the Minority—based on the High Court ruling—this creates a legal and procedural dilemma for the House.
Key government business, including the Budget Policy Statement expected on February 14, could face obstacles if the Majority-Minority leadership is restructured.
Selection Committee of the House
Standing Order 172(1) of the National Assembly establishes the Selection Committee, chaired by the Leader of the Majority.
Aside from the Majority and Minority Leaders, the committee consists of up to 21 members nominated by parliamentary parties and approved by the House.
It is responsible for selecting MPs to serve in various House committees and has the authority to de-whip members.
With an ongoing push to remove MPs aligned with Deputy President Rigathi Gachagua, the court ruling complicates matters.
If Speaker Wetang’ula upholds the ruling, Azimio will control the Selection Committee, making it difficult for Kenya Kwanza to dictate committee appointments.
Losing control of this committee could also weaken Kenya Kwanza’s influence in departmental committees, which are currently dominated by its MPs.
The numerical advantage granted to the Majority party allows them to elect chairpersons and vice chairpersons, meaning an Azimio-led Majority would shift committee leadership away from Kenya Kwanza.
Parliamentary Service Commission (PSC)
If the ruling stands, the Parliamentary Service Commission (PSC) will need to be reconstituted to reflect the new Majority-Minority reality.
The PSC, which employs and pays salaries for MPs and parliamentary staff, is composed based on numerical strength in Parliament.
Article 127 of the Constitution establishes the PSC with the Speaker as Chairperson and the Clerk of the Senate as Secretary.
The PSC includes seven members appointed by Parliament: Four nominated equally from both Houses by the Majority party or coalition, including at least two women.
Others are three members from the Minority side, nominated by parties not forming the government.
Two public members (one man and one woman) appointed by Parliament for their experience in public affairs.
South Mugirango MP Sylvanus Osoro dismissed Azimio’s claims to the Majority status, warning that revising House leadership could cast doubt on past parliamentary decisions.
He also questioned the financial implications, including allowances paid to Majority and Minority leaders during their tenure.
“We need to ask ourselves what will happen to the IEBC selection panel and the money already paid as allowances in this House,” Osoro said.
IEBC Selection Panel Faces Possible Revisions
The composition of the Independent Electoral and Boundaries Commission (IEBC) selection panel is based on the Majority-Minority framework in Parliament.
The IEBC Act, Cap. 7C, stipulates that the panel includes representatives from the PSC, political parties, and various professional bodies.
A change in parliamentary leadership could necessitate a review of the panel’s composition, further complicating electoral reforms. This adds another layer of uncertainty to an already volatile political landscape.
As Parliament awaits Speaker Wetang’ula’s pronouncement, the power struggle continues to unfold, with both Kenya Kwanza and Azimio keen to assert their influence in the House. The coming days will be crucial in determining the way forward and whether the court’s ruling will lead to significant shifts in parliamentary operations.
