Court Declines To Suspend Ford Kenya Leadership and Speaker Role

The Court of Appeal has declined to stay High Court orders regarding the majority coalition in the National Assembly, despite Speaker Moses Wetangula’s decision overturning the declaration on account of autonomy.

The Court ruled on Friday that granting a stay order would amount to prematurely endorsing the Speaker’s decision, as the High Court had yet to determine whether it complied with its earlier judgment.

“Even after the contested Speaker’s ruling of 12th February 2025, the National Assembly has continued to discharge its duties, albeit with some acrimony,” the court observed.

On the claim that the High Court judgment had significantly disrupted parliamentary operations, the Court reiterated that there was no compelling evidence to support this assertion.

Embarrassment

Additionally, the Court dismissed concerns that the ruling could lead to legal consequences — such as contempt of court proceedings against Speaker Wetangula.

“The likelihood of a party being summoned to court to respond to an allegation of contempt of court — and the attendant inconvenience or embarrassment that may result — is not sufficient reason to stay court proceedings,” the Court noted.

Regarding Wetangula’s dual role as Speaker of the National Assembly and leader of Ford Kenya, the Court stated that no dispositive order had been issued by the High Court on the matter.

“In such circumstances, we cannot pronounce ourselves on the same in an application for stay of proceedings or execution as the one before us. We can only stay a positive order that was issued by the trial court,” the court determined.

Wetangula had appealed the ruling, arguing that it had severely disrupted legislative functions.

However, the Court dismissed this claim, stating that there was insufficient evidence to prove the claim.