Despite Speaker Moses Wetangula's move to annul the declaration citing reasons of autonomy, the Court of Appeal has refused to halt the High Court’s directives concerning the majority coalition within the National Assembly.
On Friday, the Court determined that issuing a stay order at this point would be equivalent to prematurely upholding the Speaker’s decision, since the High Court was still awaiting an assessment of whether it aligns with its previous ruling.
The court noted that despite the contentious Speaker’s ruling on February 12, 2025, the National Assembly has kept performing its responsibilities, though not without significant disagreement.
Regarding the argument that the High Court’s ruling substantially interfered with parliamentary functions, the Court reaffirmed that there wasn’t substantial proof backing this claim.
Embarrassment
Moreover, the Court dismissed worries that the decision might result in legal repercussions -- including possible contempt of court charges against Speaker Wetangula.
The court observed that "the possibility of a party being called to appear in court due to allegations of contempt and the resulting inconveniences or embarrassments does not constitute adequate grounds for halting judicial processes."
Concerning Wetangula's simultaneous roles as the Speaker of the National Assembly and head of Ford Kenya, the Court noted that the High Court had not made any final ruling on this issue.
"Under these conditions, we are unable to rule on the similarity of cases in a motion for staying proceedings or enforcement like the current one. Our decision can only apply to a proactive order made by the lower court," the tribunal concluded.
Wetangula had challenged the decision, contending that it significantly interfered with the functioning of the legislature.
However, the Court dismissed this claim, stating that there was insufficient evidence to prove the claim.
Provided by Syndigate Media Inc. ( Syndigate.info ).
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