BY SAM ALFAN.
Isiolo Governor Abdi Guyo and his deputy John Lowasa have suffered a major blow in their bid to stop the case challenging their move to defect from Jubilee Party to the ruling party.
The three judge bench Jairus Ngaah, John Chigiti and Lawrence Mugambi dismissed a preliminary objection filed by the Governor and his deputy challenging jurisdiction of the court to hear and determine the case.
The court ruling now means the petition filed by Isiolo voters challenging move by the Governor and his deputy to defect from Jubilee Party to United Democratic Alliance Party (UDA) will proceed to the full hearing.
Judges ruled that they have jurisdiction to hear the case and dismissed the Governor application.
In his preliminary objection, Governor Guyo argued that the court lacks the requisite jurisdiction hear and determine the petition on the basis of section 40 of Political Parties Act.
He argued that the application is bad in law for seeking to restrain the Governor and his deputy from discharging their constitutional rights.
However, the judges dismissed the Governor arguments adding that the apprehension by the two that the voters are seeking for their removal from the office in the petition is misplaced.
“We are also of the humble opinion that the argument that this 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,” ruled the judges.
The court informed Governor Guyo and his deputy that in the petition, the Isiolo voters are seeking several orders including the court pronouncement on what various provisions of the Constitution entails with respect to conduct of political parties and their members, particularly those whom are elected to office on their respective parties’ ticket.
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 President William Ruto’s UDA party from soliciting, sponsoring, encouraging, aiding and abetting the defection of and revolt by elected leaders of Jubilee Party.
Through lawyer Kibe Mungai, they further sought 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.
