High Court okays Malala removal as UDA secretary general

The High Court has today affirmed a decision by President William Ruto’s United Democratic Alliance Party in which it removed former Kakamega Senator Cleaphas Malala as its secretary general and replaced him with Hassan Omar.

Justice Bahati Mwamuye, in a ruling on Monday, quashed orders that had been issued by the Political Parties Disputes Tribunal stopping the Registrar of Political Parties from replacing Cleophas Malala with Hassan Omar as UDA secretary general.

The tribunal had in October last year restrained Registrar of Political Parties Anne Nderitu from effecting the changes in the ruling party pending hearing of a case filed by Malala.

“An order is hereby issued quashing the directions and orders made on September 27, 2024, by the Political Parties Dispute Tribunal and quashing any subsequent orders emanating from and or in furtherance of those proceedings,” Mwamuye said.

The judge also declared invalid and set aside the entire proceedings of the tribunal of Desma Nungo, Stephen Musau, Muzna Jin and Abdirahman Adan Abdikadir.

He said Malala’s appeal before the tribunal stands terminated and cannot be heard or proceeded with by the tribunal.

UDA removed Malala as secretary general on August 2, 2024, after weeks of intense wrangling in the party.

The expulsion followed the resolution of a National Executive Council (NEC) meeting presided over by the party’s national chairperson, Cecile Mbarire.

 In a statement, Mbarire said Malala’s appointment as the interim secretary general of UDA was revoked with immediate effect. The changes were later published in a Gazette Notice.

“A declaration be and is hereby issued affirming the Gazette Notice Volume CXXVI No. 128 dated August 19, 2024 (No. 10349) and the changes therein, the removal of the first respondent (Malala) as acting secretary general and the appointment of the interested party (Hassan Omar) in that capacity remains valid and in force,” Mwamuye ruled.

He said the orders of his court hold the status quo as established by the said Gazette Notice.