You can’t be both: Havi calls for Wetang’ula’s exit from Ford Kenya

Former Law Society of Kenya (LSK) President Nelson Havi has called for National Assembly Speaker Moses Wetang’ula to relinquish his role as Ford Kenya party leader, arguing that holding both positions violates the Constitution.

Speaking during an interview on Spice FM on Monday, February 10, Havi said the Constitution stipulates that the Speaker of the National Assembly must be apolitical.

He noted that the Political Parties Act and the Leadership and Integrity Act reinforce this requirement.

“We cannot have a situation where a party leader also assumes the role of arbiter in the National Assembly,” said Havi.

“The Constitution and statutes prohibit him from holding the position of Speaker while still leading a political party.”

Havi argued that the logical consequence of Wetang’ula’s refusal to step down as Ford Kenya leader is that he has failed the eligibility test to continue as Speaker.

He added that a National Assembly member should move a motion for Wetang’ula’s removal.

His remarks came after a High Court ruling declared that Wetang’ula could not hold both positions simultaneously.

The court, in a judgment delivered by Justices Jairus Ngaah, John Chigiti and Lawrence Mugambi, also nullified the appointments of Majority Leader Kimani Ichung’wa and Majority Whip Sylvanus Osoro.

The case was filed by lawyer Kenneth Njagi, Suyianka Lempaa and 11 others, challenging the constitutionality of the appointments.

 The judges ruled that Wetang’ula and Ichung’wa failed to provide evidence that 14 legislators who allegedly defected from Azimio la Umoja One Kenya Coalition had entered into a coalition agreement with Kenya Kwanza.

“It is worth noting that the Speaker, having been sued in his private and official capacity, swore an affidavit opposing the case. However, he never deposited any evidence of a post-election coalition agreement,” ruled the judges.

“None of the respondents, including Ichung’wa, exhibited any such agreement.”

The court found that the Independent Electoral and Boundaries Commission (IEBC) had gazetted Azimio as the majority party in the National Assembly, a position backed by Registrar of Political Parties Ann Nderitu.

The judges ruled that Wetang’ula’s decision to alter the parliamentary leadership structure in favour of Kenya Kwanza was unconstitutional.

Nderitu testified that as of June 2023, only the Devolution Empowerment Party had formally exited Azimio.

She told the court that Ford Kenya had been asked to clarify Wetang’ula’s position as party leader.

The party, through its lawyers, responded that no law prohibited the Speaker from holding a political party office, a position the court rejected.