Opposition leader Raila Odinga’s Azimio la Umoja One Kenya Coalition Party pitched its case on Wednesday against suspension of High Court orders that declared it the majority side in the National Assembly.

With the stand before the court, Raila’s side indicated it was unwilling to yield to President William Ruto’s party to serve as the minority party without a fight.

Azimio backed arguments for dismissing an application by Speaker Moses Wetang’ula, Kikuyu MP Kimani Ichung’wa, and the National Assembly to suspend the High Court judgment, giving the party the majority. Suna East MP Junet Mohammed, also the party’s secretary general, filed a supporting affidavit urging Court of Appeal Judges Daniel Musinga, Mumbi Ngugi and Francis Tuiyott to dismiss the application.

He said Wetang’ula has denied the party its rightful position before the august House. “Contrary to the applicant’s assertions, I wish to state that the applicant has been operating illegally and the 14th and 15th respondents subverted the Constitution and the will of the people by denying them their rightful Majority political party and all such benefits and committees associated with the said position,” argued Junet.

Azimio lawyers Paul Mwangi and Arnold Oginga argued that the application filed under urgency was meant to sanitise Wetang’ula’s February 12, 2025, ruling, turning the tide back in favour of Kwanza. Mwangi and Oginga asserted that the majority and minority positions were settled at the ballot, with the opposition party being the majority in the lower House.

They cited the speaker’s ruling as a show of defiance, adding that there was no need for intervention as the house was running normally. “The applicant is merely using these proceedings to circumvent the law and to defeat the judgment by the High Court which declared and found that indeed the question of Majority and Minority party was determined by the people of Kenya as declared by the Independent Electoral and Boundaries Commission by virtue of Article 108 of the Constitution of Kenya, 2010,” argued Junet.

In his application, Wetang’ula expressed fears that he would be jailed or paraded in the High Court if the Court of Appeal did not intervene. He said that an application had already been filed before Justices Jairus Ngaah, John Chigiti and Lawrence Mugambi to find him in contempt of court.

Lawyers Elisha Ongoya, Judith Guserwa and George Murugara were hard pressed to explain the import of Wetang’ula’s ruling on February 12, 2025.

On one hand, Ongoya who was representing the National Assembly, argued that the speaker was complying with the court’s directive. He asserted that there was no express order declaring who the majority and minority was.

“The Judges did not ask themselves the question that declarations by IEBC, there are electioral petitions, what will the speaker do if the petitions succeed? That will tamper with the numbers. By law, a party can move from a coalition and remain independent. What will speaker do when a party has moved from a coalition? The Judge did not address themselves to what happens to post-election coalition agreements, which is a phenomenon in our constitution. It also did not address the issue of Members of Parliament leaving for the Executive,” argued Ongoya.

Justice Tuiyott asked why the Speaker, National Assembly, United Democratic Alliance (UDA) and Ichungwa sought to freeze the court’s judgment while the Speaker complied.

The lawyer responded that the issue was about the finding that he could not hold the speaker’s position at the same time head Ford Kenya and sit in Kenya Kwanza as a principal. Murugara, on the other hand, argued that the orders of the High Court had crippled the lower house. He alleged that following the speaker’s ruling, half of the house operations were active.

According to him, the decision to fight for the suspension of the judgment was to ensure that the house continued to run 100 percent as before. “We have 50 per cent business as the majority and minority have taken sides. Nevertheless, with the ruling, we will have 100 per cent operation. The House Business Committees are not in operation,” said Murugara.

In response, lawyer Kibe Mungai, representing Kenneth Njagi and 11 others, said the Speaker was trying to steal a match through the back door.