Wetang'ula Petitions Court to Throw Out Contempt Charges Following Coalition Ruling

National Assembly Speaker Moses Wetang’ula is challenging contempt proceedings filed against him, 

He argues that their legal basis is flawed and infringes upon his right to a fair hearing. Wetang’ula, through his legal team, has petitioned the High Court to dismiss the application, submitting a preliminary objection on Friday, April 4. He and the National Assembly assert that the contempt petition represents a new legal dispute rather than the enforcement of an existing court order.

The core of Wetang’ula’s defence is the claim that the High Court has not issued an enforceable directive that he could have violated. According to his legal team, no specific action or restraint was mandated by the court, rendering the contempt charges baseless. The contempt application stems from Wetang’ula's decision regarding the composition of parliamentary leadership. 

He had declared Kenya Kwanza as the majority coalition, assigning Azimio la Umoja One Kenya Coalition to the minority, a determination subsequently overturned by the High Court in February. The court ruled that Wetang’ula had acted unlawfully in dismissing a report from the Registrar of Political Parties, which indicated Azimio had 22 affiliated parties compared to Kenya Kwanza’s 15 as of April 21, 2022.

In response to the High Court's ruling, Wetang’ula sought conservatory orders from the Court of Appeal to suspend its enforcement. However, the appellate court denied this request, stating that granting the orders would effectively uphold Wetang’ula’s initial, and now unconstitutional, declaration of Kenya Kwanza as the majority coalition.

The contempt application was filed by 12 parties following Wetang’ula’s initial ruling. As the legal proceedings continue, the High Court has instructed all respondents to file their responses to Wetang’ula’s preliminary objection within ten days. Wetang’ula and the National Assembly are also required to respond to the contempt proceedings within the same timeframe. A hearing has been scheduled for July 17, 2025, to further deliberate on the matter.