Court okays removal of Malala as UDA Secretary General

The High Court has endorsed the removal of former Kakamega Senator Cleophas Malala as the Secretary-General of the United Democratic Alliance (UDA).

The court also affirmed decision of the party's National Executive Committee (NEC) to appoint the East African Legislative Assembly (EALA) member Mr Hassan Omar to replace Mr Malala.

"A declaration is issued affirming the Gazette Notice dated August 19, 2024 and the changes therein, the removal of Mr Malala as acting Secretary-General and the appointment of Mr Omar in that capacity remains valid and in force,” Justice Bahati Mwamuye said on Monday.

He was ruling on a case filed by UDA challenging decision of the Political Parties Disputes Tribunal to admit the appeal filed by Mr Malala and reinstating him temporarily to the position.

The leadership changes happened in August 2024 during a purge that was said to be targeting allies of former Deputy President Rigathi Gachagua in the ruling outfit, after he fell out with President William Ruto.

Mr Gachagua was the deputy party leader, a position he relinquished in November after the impeachment and is in the process of forming another outfit to challenge UDA's influence.

Mr Malala contested the removal terming it unprocedural, an 'outright coup' and that it was the outcome of his refusal to fight Mr Gachagua internally. He sued after his petition to the party’s Internal Disputes Resolution Committee (IDRC) failed.

However, the party said he was "legally and procedurally removed from office and the same acknowledged and ratified by the Registrar of Political Parties".

"Mr Malala’s ouster was a collective decision by the Party’s National Executive Committee (NEC), the same organ that had appointed him to hold the position in an “acting” capacity. Suffice it to say, the organ that appointed him is the very one that unanimously decided to replace him," said the party as it denied that the ouster was linked to his close ties with Mr Gachagua.

Ruling in favour of the party on Monday, Justice Mwamuye quashed the decision of the tribunal and the entire legal proceedings.

"An order is issued quashing the orders made on September 27, 2024, by the Political Parties Dispute Tribunal and quashing the appeal proceedings and any subsequent orders emanating from those proceedings,” Justice Mwamuye said. The appeal was before Ms Desma Nungo, Stephen Musau, Muzna Jin and Abdirahman Adan.

"The appeal at the PPDT is terminated and shall not proceed. Any orders previously issued are hereby vacated," he added.

The ruling comes at a time Mr Omar is steering the party's grassroots elections for officials in at least 22 counties.