- Senior counsel Fred Ngatia representing Kenya Kwanza implored a bench of to have the petitioners go back to the drawing board.
- Their lawyer Kibe Mungai argued that Azimio should be the majority coalition while Kenya Kwanza the minority.
Image: FILE
The High Court will on January 26 rule on whether it will strike out a petition challenging National Assembly Speaker Moses Wetang’ula’s declaration that Kenya Kwanza is the majority party.
On Monday, parties in the case highlighted their submissions after questions on whether the High Court has jurisdiction over the matter among other issues were raised.
Senior counsel Fred Ngatia representing Kenya Kwanza implored a bench of three judges to have the petitioners go back to the drawing board and come up with distinct causes of action they would wish to have the court intervene.
He said the grievances or reliefs sought by the 12 petitioners in the case are so distinct from each other making it impossible for a fair trial to ever succeed.
"There should be a commonality in the relief sought. In this case, they are quite different from one another. The complaints ought to be such that they can be litigated," Ngatia said.
The petition stems from a ruling made by Wetang’ula in October last year, where he declared that the Kenya Kwanza coalition is the majority party in Parliament.
The implication of Wetang’ula’s move saw Kimani Ichung'wah, Owen Baya, Sylvanus Osoro and Naomi Wako appointed as majority leader, the deputy majority leader, the majority whip and deputy majority whip respectively. What followed was a petition filed in court by 12 voters.
The 12— Lempaa Suyianka, Kenneth Njagi, Meshack Suba, Teddy Muturi, Amos Wanjala, Stephen Kihonge, Sophie Dola, Winnie Thuo, Victor Ng’ang’a, Smon Lkoma, Caroline Mogaka and Francis Kenya argued that the MPs have violated the constitution by defecting from Azimio to Kenya Kwanza.
Their lawyer Kibe Mungai argued that Azimio should be the majority coalition while Kenya Kwanza the minority.
They also claimed that Wetangula has never relinquished his position as the Ford Kenya Party leader begging the question on whether he ought to have contested for the speaker’s position.
The petitioners in their papers sought a raft of declarations and orders among them, an order setting aside Wetangula’s decision of October 6 last year, an order suspending Kanini Kega’s notice of 13 June seeking to withdraw Jubilee from Azimio, an order to suspend the implementation of the Finance Bill.
Other parties in support of the case being struck out argued that the court has no jurisdiction to hear the matter as some of the issues raised are pending determination before other courts.