BY SAM ALFAN.
Isiolo voters have sought for the removal of Governor Abdi Guyo and his deputy John Lowasa after declaring to have switched parties and joined United Democratic Alliance (UDA).
The voters and two Azimio members filed a constitutional petition seeking to stop the two from discharging their duties as Governor and Deputy Governor respectively.
Guyo Ali Guracha, Mohamed Wario Jattani, Teddy Muturi and Steven Kihonge Ndung’u wants the High Court in Nairobi to issue a temporary injunction restraining Guyo and Lowasa from discharging any functions or powers assigned to their offices.
Through city lawyer Kibe Muigai, the four want President William Ruto’s UDA party restrained from soliciting, sponsoring, encouraging, aiding and abetting the defection of and revolt by elected leaders of Jubilee Party.
In the court documents, they further an order of mandatory injunction be issued pursuant to Section 34(f) of the Political Parties Act, 2011 to compel the Registrar of Political Parties to notify Independent Electoral and Boundaries Commission that Guyo and Lowasa have ceased to be members of Jubilee Party.
“An order of injunction be issued to restrain the Registrar of Political Parties from condoning, acquiescing in aiding and abetting the scheme, actions and omissions of the United Democratic Alliance (UDA) of soliciting, sponsoring and encouraging the defection of and revolt by elected leaders of Jubilee Party pending hearing and determination of the constitution petition lodged against the two,” says the three voters.
According to the voters who are Azimio members, their petition raises substantial questions of law and refer the same to the Chief Justice Martha Koome for empanelment of a bench of at least five judges to hear and determine this case.
According to their court papers, on 2nd June, 2022 Governor Guyo and his Deputy Governor Lowasa announced them defection from Jubilee Party which sponsored their election as Governor and Deputy Governor of Isiolo County during the General Election held on 9th August, 2022 and immediately upon announcing their resignation from Jubilee Party, the two declared that they had joined UDA and they publicly registered as its members during a public ceremony presided over by the Secretary General of UDA Cleophas Malala.
The aggrieved jubilee members argues that the resignation of the two from the former ruling party from Jubilee Party has created a vacancy in the offices of Governor and Deputy Governor of Isiolo County and it is necessary that the said vacancies be filled as provided for in Article 182 of the Constitution.
“Over the last eight months the Registrar of Political Parties has been involved in a conspiracy to encourage, condone, aid and abet the grand scheme by UDA to undermine the Jubilee Party, transform itself into a monolithic party reminiscent of old KANU and to disestablish and overthrow the constitutional democratic state provided for and envisaged by Articles 1, 4, 10, 12 and 38 of the Constitution,” says the voters and Azimio members.
According to them, the court is the ultimate guardian of the Constitution and therefore it must ensure that the conspiracy of UDA and the Registrar of Political Parties to undermine constitutional democracy and re-establish political dictatorship in Kenya does not succeed.
They further argue that since it is obvious that the Attorney General is unlikely to find anything wrong with the grand scheme of the 3rd Respondent to undermine the Constitution, the Petitioners have invoked Articles 3 and 258 of the Constitution to move this Court to defend further subversion of constitutional democracy which has been happening over the last eight months.
They further states that the revolting and primitive habit of poaching elected leaders to join the Ruling Party UDA – which is reminiscent of old KANU philosophy amounts to blatant violation of the people’s sovereignly in the multi-party democratic State established by Kenya’s 2010 Constitution.
