The Court of Appeal will on March 21 this year deliver a ruling it will suspend the High Court’s decision declaring Azimio Party as the majority party in the National Assembly.
National Assembly Speaker Moses Wetangula on
Wednesday put up a spirited fight to stay the ruling arguing that the appeal is arguable and that the court should suspend the High Court’s decision.
Through lawyer Elisha Ongoya, the court heard that the High Court ruling has caused confusion in Parliament and that failure to grant stay orders would only prolong the uncertainty.
He has faulted the high court for overturning his ruling on which coalition was the majority saying that the judges reached the decision with analyzing the evidence properly.
He has termed the ruling as a grave error by the judges arguing that post-election coalitions can alter the Independent Electoral and Boundaries Commission’s (IEBC) declaration at the conclusion of an election.
Wetangula says the matter revolves around four political parties. The court was informed that the Azimio coalition agreement does not bear the signatures of UDM and MDG officials, raising questions about their formal inclusion in the coalition.
Ongoya further urged the court to take note of a pending contempt of court application, warning that the Speaker risks imprisonment if the decision is not stayed.
“If the Speaker is taken to the dock, the embarrassment cannot be undone,” he argued.
However, lawyer Kibe Mungai opposed the application, blaming the Speaker for the confusion.
He argued that Wetangula is in contempt of court orders and that the appeal before the Court of Appeal is an abuse of the judicial process.
Wetangula has also filed an appeal seeking to have the High Court’s decision overturned, arguing that the judge erred in law by ruling that Azimio is the majority party.
