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Curb looming crisis and enhance fidelity to law

Editorial logo Nation.Africa

By  Editorial

Two key High Court rulings bound to have far-reaching ramifications have shone the light on just how far this country has gone astray and needs to be brought back on track. These missteps make a mockery of the nation’s progressive strides.

The court has declared the Azimio la Umoja One Kenya Coalition as the Majority Party in the National Assembly. It has also ruled that Speaker Moses Wetang’ula cannot also lead the Ford-Kenya political party.

To rectify this anomaly, he needs to relinquish one of the posts. The Speaker is expected to impartially and independently discharge his mandate. He cannot, therefore, play a partisan role as the head of one of the political parties.

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The political leaders often disregard court orders, undermining the rule of law and delivery of justice. It is to the courts that aggrieved parties seek arbitration and justice and if the orders granted cannot be enforced that the judicial system is of no use. Court orders must be obeyed.

Justices Jairus Ngaah, Lawrence Mugambi and John Chigiti ruled that Speaker Wetang’ula violated the Constitution by designating the ruling Kenya Kwanza Alliance as the majority party. They quashed his October 6, 2022 ruling, saying there was no evidence that five parties had left the Azimio coalition after the elections by signing post-election agreements. That ruling is, therefore, null and void. The Opposition is now demanding Speaker Wetang’ula’s resignation.

A new development is that former Azimio coalition leader Raila Odinga is now working closely with President William Ruto, who has endorsed his campaign for the African Union Commission chairperson’s position.

However, the stage has been set for the Azimio MPs to take over leadership of major committees in Parliament. Its lawyer has sought a temporary order suspending the implementation of the change of House leadership, pending an appeal. He has cited the immunity of key offices, but the judges have said this cannot shield unconstitutional decisions.

The lesson from this crisis is the need for fidelity to the law and the Constitution to enhance good governance.