Court Clears Way for Governor’s Removal Over Decamping to UDA

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Court Clears Way for Governor’s Removal Over Decamping to UDA

Isiolo Governor Abdi Guyo might lose his seat after defecting to the governing United Democratic Alliance (UDA), making him the first to do so.

This comes after three judges yesterday decided not to dismiss a complaint challenging Guyo’s departure from the Jubilee Party, his electoral vehicle.

Justices John Chigiti, Jairus Ngaah, and Lawrence Mugambi agreed unanimously that the case against Guyo and his deputy, John Lowasa, must be heard in its entirety to establish if they violated the constitution.

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Others who have been sued include the Registrar of Political Parties, the Independent Electoral and Boundaries Commission, and Attorney General Justin Muturi.

Guyo and Lowasa alleged in their objection that the petitioners, Guyo Guracha, Mohamed Wario, Teddy Muturi, and Stephen Kihonge, were aiming to remove them from office via the back door.

However, the court concluded that the claim could not be based since the four could only pursue them after the verdict was issued.

“We think the 1st and 2nd respondents’ apprehension that the petitioners are seeking their removal from the office in this petition is misplaced. We are also of the humble opinion that the argument that this honourable court is deficient of jurisdiction to dispose of this petition on the ground that the petition seeks the removal of a governor and his deputy is premature and, at best, misconceived,” the bench headed by Justice Ngaah ruled.

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The judges sided with Azimio la Umoja One Kenya Coalition Party.

At the same time, the court rejected the second claim, that the matter should have been considered first by the Political Parties Dispute Tribunal (PPDT).

According to the courts, the case did not include disagreements between parties or their members.

Instead, it centered on alleged constitutional violations including flip flipping.

They believed that Guyo and Lowasa would have to persuade the court that they should not be banned from shifting from Jubilee to UDA.

“The burden would be upon the 1st and 2nd respondents to convince the Court, at the hearing of the petition, that contrary to the petitioners’ position that an injunction against the 1st and 2nd respondents is a plausible relief, it is, in law, in particular, under the Constitution, not a viable remedy to the petitioners’ grievances,” they observed.

In the lawsuit, the petitioners, via lawyer Kibe Mungai, want the court to rule that Guyo and his deputy should have resigned, clearing the path for a by-election.

In Other News: Raila, Ruto Parties Change Tack In Grassroots Polls

Court Clears Way for Governor’s Removal Over Decamping to UDA

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