Speaker Justin Muturi has ruled against declaring vacant seats for MPs who have abandoned their sponsor parties, a major victory for Deputy President William Ruto's allies.
Muturi highlighted a judgement by High Court Judge Joel Ngugi, who ordered all county legislatures' speakers not to declare ward representatives' seats vacant if they switched parties.
The Speaker's announcement comes amid a frenzied push by thousands of aspirants to switch outfits just 48 hours before the party-hopping window expires.
Individuals interested in running as party candidates must join their favorite organizations by March 26, giving them two days to change their minds before the August 9 election.
Several political parties have already begun submitting membership lists to the Office of the Registrar of Political Parties (ORPP).
On Wednesday, Tiaty MP William Kamket requested Muturi's advice on the legal necessity that elected officials forfeit their seats if they abandon their sponsor parties.
"I'd like your advice on a matter of public record involving members' affiliation with various political factions in the aftermath of the demand that candidates for nomination by various political parties quit next month?" Kamket posed the question.
"Section 14(a) of the Act has a deeming provision on resignation, which states that a member is presumed to have resigned if, among other things, the member participates in the establishment of a group."
However, Muturi said that Judge Ngugi's injunction only applies to members of the National Assembly who have abandoned their sponsor parties.
The Speaker went on to say that none of the MPs had informed the National Assembly clerk of their intention to defect.
Before switching outfits, elected leaders must notify their sponsoring parties and the clerks of various assemblies.
"No one has contacted me to inform me that he has quit." Why should I take up the investigator's role? "We should also take judicial notice of an order made by High Court Judge Joel Ngungi as a House of Records," he continued.
Even as it appeared that 178 MPs have abandoned their sponsor parties, Registrar of Political Parties Anne Nderitu informed The Press that her office will publish details of the total number of elected leaders who have jumped ship once the deadline closes.
There are 23 senators, 25 female representatives, and 130 single-member constituency members among them. The majority of MPs are allies of Deputy President William Ruto, who resigned from the ruling Jubilee Party to form the United Democratic Alliance (UDA).
Others have defected from Raila Odinga's ODM and Musalia Mudavadi's ANC, largely to the newly established Democratic Action Party of Kenya (DAP-K), which is tied to Defense Cabinet Secretary Eugene Wamalwa.
Senator Sam Ongeri of Kisii has defected to DAP-K, while ANC nominated Godfrey Osotsi has defected to ODM.
Ayub Savula (Lugari), Christopher Aseka (Khwisero), Oku Kaunya (Teso North), Tindi Mwale (Butere), and Titus Khamala (Butere) are among those who have dropped out of the ANC (Lurambi)
Senator George Khaniri (Vihiga) has defected from the African National Congress (ANC) to join Cyrus Jirongo's United Democratic Party (UDP).
Sirisia MP John Waluke, Turkana Woman Rep Joyce Emanikor, Turkana East MP Mohammed Lokiru, and Turkana South MP James Lomenen have defected to Jubilee in the last week.
Almost a hundred Jubilee MPs have defected to the United Democratic Alliance (UDA). The majority of Jubilee MPs from the Rift Valley have joined the UDA. Several more Mt Kenya residents have defected to DP Ruto.
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