Petitioners who are challenging the nomination process of IEBC commissioners now want Speaker Moses Wetangula to be found in contempt of court for gazetting the commissioners despite existing court orders.
Through lawyer Paul Muite, they argued that the National Assembly, under the leadership of Speaker Moses Wetang’ula, defied orders.
Muite said Wetangula is already in contempt in another matter before court.
“It is our submission that the National Assembly whose Speaker is Moses Wetang’ula, who happens to be my personal friend has acted in contempt,” Muite told the court. “This court has already found that he cannot serve as both the Speaker and the Chairman of Ford-Kenya.”
He emphasized the Speaker’s central role in the legislative process, asserting that Wetang’ula’s defiance directly undermines the authority of the judiciary.
On the urgency raised by the respondents that a commission must be in place ahead of the 2027 elections, Muite remarked, “I agree elections are important, but let us look at the bigger evil.”
He further challenged the legality of the Memorandum of Understanding (MoU) signed between the ruling party and the opposition, which he argued formed the basis of the current nomination process. According to Muite, the MoU violates Article 3(2) of the Constitution.
“Sub-article one provides that every person must uphold and respect this Constitution,” he said. “Sub-article two states that any attempt to establish a government contrary to what is provided for in the Constitution is unlawful and unconstitutional.“
In response, the court acknowledged the gravity of the issues raised but stated it was not ready to issue a ruling at this stage.
“We do appreciate these are important issues, but we are not making a determination now,” the judge said.
