Speaker Wetang’ula battles petition seeking to have him cited for contempt of court
Together with the National Assembly, he argues that the application was defective and in breach of their right to a fair hearing
National Assembly Speaker Moses Wetang’ula has asked the High Court to strike out a petition seeking to have him cited for contempt of court over his mid-February ruling on the status of majority and minority sides.
In a preliminary objection, Wetang’ula and the National Assembly argue that the contempt of court application was defective and in breach of their right to a fair hearing.
During a mention of the case at the High Court today, a three-bench judge consisting of Jairus Ngaah, John Chigiti, and Lawrence Mugambi directed that the respondents should file their responses to the said preliminary objection within 10 days.
The Speaker and the National Assembly were also directed to file their responses to the contempt of court application within the same timeframe.
The National Assembly and the Speaker, through their legal teams, argue that the contempt of court proceedings are “an attempt to litigate a new cause of action” and therefore asked the bench to strike it out.
“There is no dispositive order that was made by this Court capable of being violated by the 3rd and 4th respondents to constitute the contempt proceedings,” the Speaker and the National Assembly argued.
“There is no order of the Court that required the 3rd and 4th respondents to do or refrain from doing anything capable of being enforced through contempt proceedings,” they added.
The contempt of court application was filed by 12 parties, including Kenneth Njagi, Meshack Suba Churchill, and Caroline Mogaka, against the aforementioned Speaker’s ruling.
In his ruling, the Speaker Wetang’ula maintained that Kenya Kwanza Coalition was the Majority Party and Azimio la Umoja One Kenya was the Minority Party.
The ruling came after the High Court faulted a verdict by Speaker Wetang’ula dating back to August 2022, when he declared Kenya Kwanza as the Majority Party and Azimio la Umoja One Kenya Alliance as the Minority Party.
Both coalitions and their respective leadership in the House are listed as respondents in the application.
The hearing of the matter has been scheduled for later in July this year.
Wetang’ula has also appealed the High Court verdict on the House Leadership matter before the Court of Appeal.
