The Court of Appeal has declined to suspend a High Court ruling that declared the Azimio party as the majority in the National Assembly, dealing a significant setback to Speaker Moses Wetangula’s efforts to challenge the decision.
Speaker Wetangula had filed an appeal, arguing that the ruling disrupted legislative functions. However, the appellate court dismissed this argument, stating that there was insufficient evidence to prove that parliamentary business had been paralyzed.
“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 judges observed.
The court further ruled that issuing a stay order would effectively endorse the Speaker’s stance before the High Court had determined its legality. It also dismissed concerns that the ruling could result in legal consequences for Wetangula, including potential contempt of court proceedings.
“The likelihood of a party being summoned to court to respond to an allegation of contempt and the attendant inconvenience or embarrassment is not sufficient reason to stay court proceedings,” the judges stated.
