My considered determination on the matter raised is as follows-
Allegations of coercion
1)THAT, the consideration of the various allegations of coercion and duress at the time of entering into coalition agreements and any appropriate remedy for the same lies outside the authority of the Speaker.
The place of Members of UDM, PAA, MCCP & MDG
2)THAT, In my considered opinion, it would be imprudent to treat the 14 Members elected to the House under the United Democratic Movement (UDM), Pamoja African Alliance (PAA), Maendeleo Chap Chap Party (MCCP) and the Movement for Democracy and Growth (MDG) as part of a coalition that they have expressly distanced both themselves and their parties from. I am therefore persuaded that the 14 members and their parties are part of the Kenya Kwanza Coalition. This, in my view, would be fair and in accord with previous rulings by my predecessors on related matters.
3)THAT, With the 14 Members, the membership of the Kenya Kwanza Coalition stands at 179 Members while the membership of the Azimio La Umoja One Kenya Coalition Party stands at 157 Members. This, by implication, indicates that the Kenya Kwanza Coalition is the Majority Party and the Azimio La Umoja One Kenya Coalition Party is the Minority Party in this House. Entities entitled to appoint the Leader of the Majority Party
4)THAT, the Kenya Kwanza Coalition is entitled to appoint the Leader of the Majority Party while the Azimio La Umoja One Kenya Coalition Party is entitled to appoint the Leader of the Minority Party; Leadership of the Majority Party
5)THAT, with regard to the Majority Party—
(a)The Member for Kikuyu Constituency, the Hon. Kimani Ichung’wah is the Leader of the Majority Party;
(b)The Member for Kilifi North, the Hon. Owen Baya is the Deputy Leader of the Majority Party;(c)The Member for South Mugirango, the Hon. Silvanus Osoro is the Majority Party Whip; and
(d)The Member for Marsabit County, the Hon. Naomi Jillo Waqo is the Deputy Majority Whip.
Leadership of the Minority Party
6)THAT, with regard to the Minority Party—
(a)The Member for Ugunja, the Hon. Opiyo Wandayi is the Leader of the Minority Party;
(b)The Member for Kathiani, the Hon. Robert Mbui is the Deputy Leader of the Minority Party;
(c)The Member for Suna East, the Hon. Junet Mohamed is the Minority Party Whip; and
(d)Nominated Member, the Hon. Sabina Chege is the Deputy Minority Whip.
The letters from the Secretary General of Jubilee Party
7)THAT, our rules of procedure have placed a certain expectation on the manner of transmission of information relating to the leadership in the House. Only Members of this House can communicate with the Speaker on House leadership matters. In this regard, the letters from the Secretary General of Jubilee Party conveying the Party’s leadership to the Speaker fall short of the expectations of the House and will therefore not be considered any further.