NAIROBI – The Court of Appeals refused to maintain the High Court’s order regarding the majority coalition of the Parliament, despite overturning the declaration of Moses Wetangra’s decision for autonomy.
The court on Friday ruled that granting the stay order would lead to early support for the speaker’s decision as the High Court had not yet decided whether it had yet to comply with the previous ruling.
“Even after the speaker’s ruling contested on February 12, 2025, Parliament continues to carry out its duties despite some criticism,” the court said.
Regarding the allegations that the High Court’s decision significantly disrupts Congress’s operations, the court reiterated that there was no compelling evidence to support the claim.
Embarrassment
Additionally, the court dismissed concerns that the award could lead to legal consequences.
“The possibility that parties may be summoned to the court to respond to a court’s petition claim, and the possible consequential inconvenience and embarrassment of the obsessive, are not sufficient grounds to maintain the court’s case,” the court noted.
Regarding Wetangala’s dual role as Parliamentary Speaker and Ford Kenya leader, the court said no negative orders have been issued by the High Court on the issue.
“In such circumstances, we cannot pronounce the same thing in our previous lawsuit or application for enforcement. We can only stay positive orders issued by the court of court,” the court decided.
Wetangala appealed the verdict, claiming it had significantly disrupted legislative functions.
However, the court dismissed the claim, saying there was insufficient evidence to prove the claim.