This petition challenged the constitutionality of an action of the speaker of the National Assembly to continue recognising the second respondent, Mr. Cecil David Mwambe, as a member of the parliament while he had crossed the floor from Chama cha Demokrasia na Maendeleo (CHADEMA); in accordance to articles 71(1) (f) of the Constitution.
The court found that the issue raised was not a pure constitutional issue but rather an issue of procedure, involving the determination of whether the second respondent had ceased to be a member of a political party. The court noted that the power of the speaker to make such a declaration was not conferred by the Constitution but was provided by section 37 (3) of the National Elections Act. The court held that an issue of procedure and evidence, as such, should not have been pursued through superior proceedings like a constitutional petition.
Accordingly, the court found the matter to be frivolous and vexatious and dismissed the petition.
