"Why Azimio is not the majority coalition" - Speaker Wetangula
National Assembly Speaker Moses Wetangula on Thursday, October 6 ruled that the Azimio La Umoja One Kenya is not the majority coalition in the 13th Parliament.
Wetangula said the Constitution clearly dictates the leader of majority party must lead either a party, or a coalition of parties in the National Assembly and not both.
"One must ask the question whether the entities claiming the leadership of the majority party are parties or coalitions. The Constitution does not envisage the position of the leader of majority party being claimed by an entity that is both a party and a coalition of parties," Wetangula said in his ruling.
According to Wetangula, while Azimio elected to behave as a political party in certain category of elections in the August 9 2022 polls, it now wants to produce Majority Leader using its second scheme as a coalition.
He was referring to the fact that although Azimio was registered as a coalition party with the Office of the Registrar of Political Parties (ORPP), it fielded only a presidential candidate in the just-concluded polls.
"Is this conduct in conformity with the expectations of Article 108 of the Constitution which requires an entity to elect one of the two choices?"
Nonetheless, Wetangula revealed that the ORPP submitted to his office documents said to be certified copies of the coalition agreements for the Kenya Kwanza Alliance coalition and Azimio Coalition Party.
"Curiously, whereas the registrar's letter to the clerk of NA is dated 3rd October 2022, the accompanying agreements bear a certification of todays date (4th October 2022). The letter and documents were delivered today the 6th October 2022, more than six weeks after the request by the clerk. Seemingly, this may be read by any reasonable person to be a reaction to the proceedings of the House on October 4 2022."
Further, Wetangula said that Azimio's agreement did not indicate the existence of any post-election coalition agreements.
This, he says, was a glaring omission since the post-election agreement is key to the Speaker for purposes of guaranteeing the right of political freedom of UDM, MDG, PAA, MCP 14 MPs who have signed post-election agreements with Kenya Kwanza, and ditched Azimio.
"This means the letter from the ORPP may not be used to complete the membership of the majority and minority parties by deemed of the admissions contained in it on existing constitutional petitions and objections."
Wetangula said that it will imprudent to treat the 14 members as part of a coalition that they have expressly distanced themselves from. "I'm persuaded that the 14 members are members of Kenya Kwanza Alliance."
Composition of National Assembly
UDA-145, ODM-86, Jubilee- 28, Wiper-26, UDM-8, ANC-8, FORD Kenya-6, KANU-6, DAP-K-5, PAA-3, KUP-3, UPIA-2, MCC-2, TSP-2, UPA-1, NAPK- 1, NOPEU- 1, GDDP-1, DP-1, MDG-1, CCM-1.
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