The legal action saw the Milimani Law Courts in Nairobi direct Malala to file the application that will be served within 14 days.
In a dramatic turn of events at the United Democratic Alliance (UDA), led by President William Ruto, ousted Secretary General Cleophas Malala has moved to court against the party’s Chairperson, Cecily Mbarire, in what could start a legal showdown amidst wrangles rocking the ruling party.
The preemptive move came after the UDA’s National Executive Committee chaired an early morning meeting on Friday, August 2 to address issues rocking the party, which culminated in not only Malala’s ouster but also the appointment of UDA Vice Chairperson Hassan Omar to act in the position on an interim basis.
“The National Executive Committee has determined to designate the Vice-Chairperson, Hon. Hassan Omar Hassan to act as the Secretary-General on an interim basis. The appointment of Hon. Cleophas Malala as the interim Secretary General is hereby revoked. These changes are effective immediately,” read part of a press statement by the UDA party.
However, the legal action saw the Milimani Law Courts in Nairobi direct Malala to file the application that will be served within 14 days.
UDA party officials during a meeting on August 2, 2024. /UNITED DEMOCRATIC ALLIANCE
“Responses be filed and served within 14 days from the date of receipt of responses,” directed Justice Lawrence Mugambi.
On Thursday, Malala sought an urgent court order to prevent Mbarire and the party’s NEC from proceeding with the meeting, eventually leading to his removal from his position.
The embattled Secretary General claimed that the meeting had violated UDA’s internal regulations and was an attempt to oust him for unjust reasons.
“The court should issue a temporary injunction restraining the NEC from removing me from office or interfering with my duties as Secretary General pending the court’s decision on this matter,” Malala’s court application read.
During the Friday meeting, the NEC resolved that the party will be implementing a raft of governing and administrative measures to accelerate its agenda and to set forth a distinctive path of inclusive, participative, and consultative organisation.
At the same time, it directed the party’s National Elections Board to make the necessary adjustments and to continue with the grassroots elections as stated in previous communications
“These elections will ultimately offer the members of the party an opportunity to choose their leaders from the polling centre all the way to the national level,” the party remarked.
However, Malala argued that Mbarire’s authority to convene the NEC meeting was questionable. He contends that according to UDA’s constitution, only the Secretary-General has the power to call such a meeting, not the Chairperson.
As the court prepares for a mention on September 30, 2024, Malala’s legal team is pushing for immediate relief to prevent further action by the NEC. The case’s outcome will likely influence not only Malala’s future within UDA but also the broader dynamics of the party’s leadership.
The removal came after chaos ensued at the UDA headquarters in Nairobi on Tuesday, with one Joe Khalende, a lawyer, showing up and declaring himself the UDA SG.
The SG is the spokesperson of the party and is charged with communicating as well as initiating meetings on behalf of the party.
During a press briefing, the lawyer accused Malala of abdicating his role and his duty as the SG of the ruling party. Furthermore, he faulted Malala for dumping the party in favour of the opposition and supporting the agendas which go against the ruling party.
Cleophas Malala with President William Ruto during a past campaign rally. /FILE