Why Speaker Moses Wetang’ula Must Be Impeached—Nelson Havi’s Legal Take

In a landmark judgment, the court invalidated Moses Wetang’ula’s dual role as Speaker of the National Assembly and Ford-Kenya Party Leader. This ruling is legally sound and unassailable on appeal, carrying far-reaching implications on the Government of President William Ruto.

The decision upholds a crucial constitutional principle—one cannot hold two public offices that create a conflict of interest. As Speaker, Wetang’ula is expected to be neutral, yet his leadership in Ford-Kenya makes him inherently partisan. This dual allegiance compromises the integrity of parliamentary proceedings and undermines democracy.

“The judgment invalidating the dual occupation of the office of Speaker of the National Assembly and Ford-Kenya Party Leader by Moses Wetangula is legally sound and unassailable on appeal. It also, has far reaching implications on the Government of President William Ruto.” Nelson Havi

How Wetang’ula’s Refusal to Resign Has Dent Kenya Kwanza

Moses Wetang’ula and Musalia Mudavadi joined William Ruto as coalition party leaders in Kenya Kwanza. However, the law does not permit public officials, except the President, to retain political party leadership while holding high office. Musalia Mudavadi resigned from ANC on 26 October 2022 to comply with this requirement, but Wetang’ula has refused to step down, creating a legal and political crisis.

“Moses Wetangula and Musalia Mudavadi were coalition party leaders with William Ruto. Ruto is exempt from requirements on office in a political party. Mudavadi resigned from ANC on 26 October, 2022. Wetangula’s refusal to resign has dented Kenya Kwanza. He must be impeached.” Havi said

This defiance has dented Kenya Kwanza’s credibility. As Speaker, Wetang’ula is expected to serve all MPs impartially, yet his continued role as Ford-Kenya leader makes it clear he has partisan interests. This blatant disregard for constitutional principles weakens public confidence in the government’s commitment to the rule of law. To restore integrity and uphold democratic governance, Wetang’ula must be impeached.

Former Law Society of Kenya President Nelson Havi has issued a stark warning about the potential repercussions of constitutional breaches within the government. He argues that President William Ruto himself may face impeachment, citing the recent impeachment of Deputy President Rigathi Gachagua as a warning sign.

“We told President William Ruto that the impeachment of Rigathi Gachagua was a preparatory act for his eventual impeachment by ODM, but he never listened. The following weeks and months will be nights of long swords. It will be more calamitous if Raila Odinga loses the AU election.” — Nelson Havi

Havi’s warning suggests that ODM is positioning itself for a major political battle. The impeachment of Rigathi Gachagua, approved by a 281-44 vote in Parliament, highlights the growing rift within the ruling coalition (AP News).

With Raila Odinga vying for the African Union Commission chairmanship, the stakes are even higher. If Raila loses, ODM may accelerate efforts to remove Ruto from office, using Wetang’ula’s case as evidence of lawlessness within Kenya Kwanza.

With political tensions rising, the coming weeks could determine the fate of President Ruto’s administration. The only way forward is strict adherence to the law—a standard that Wetang’ula has failed to meet.