A lawsuit has been filed at the High Court seeking the removal of Isiolo Governor Abdi Guyo and his deputy John Lowasa from office for defecting to the United Democratic Alliance (UDA) party.
Documents filed by four voters namely Guyo Ali, Mohammed Wario, Teddy Muturi and Steven Kihonge claim that Governor Guyo and Lowasa have decamped from the Jubilee party and officially registered as members of UDA and therefore should be barred from conducting any further business at the county government as the move automatically means they have lost their seats.
“The resignation from Jubilee Party has created a vacancy in the office of Governor and Deputy Governor of Isiolo County and it is necessary that the said vacancies be filled (through a by-election) as provided for in Article 182 of the Constitution,” the voters say.
Through lawyer Kibe Mungai, the voters say defection of the duo undermines and subverts multi-party democracy in Kenya and particularly in Isiolo County.
“Pending inter-partes hearing of this application and petition a conservatory order of temporary injunction be issued restraining Guyo and Lowasa from, acting or discharging any functions or powers as the Governor and Deputy Governor of Isiolo County respectively,” the petitioners seek.
Guyo and Lowasa won the governorship seat on a Jubilee Party ticket but defected to President William Ruto-led UDA party last week.
Governor Guyo and his deputy announced their defection to UDA on June 2, 2023, and publicly registered as its members during a public event presided over by the party’s secretary-general Cleophas Malala.
In the suit papers, the petitioners further accused the Registrar of Political Parties of condoning party hopping.
“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 the UDA to undermine the Jubilee Party,” Mungai states.
In addition, the petitioners claim that the Registrar is assisting UDA to “transform itself into a monolithic party reminiscent of old Kanu and to disestablish and overthrow the constitutional democratic state provided for and envisaged by Article 1, 4, 10, 12 and 38 of the Constitution.”
They now want orders issued to the Registrar of political parties to notify Independent Electoral and Boundaries Commission (IEBC) that Governor Guyo and Lowasa have ceased to be members of the Jubilee Party, pursuant to Section 34(1) of the Political Parties Act.
The four voters further want the court to issue an order stopping the UDA party from “soliciting, sponsoring, encouraging, aiding and abetting the defection of and revolt by elected leaders of Jubilee Party”.
According to the petitioners, the court should act swiftly and guard the constitution by ensuring” the conspiracy of the UDA and the Registrar of Political Parties to undermine constitutional democracy and re-establish political dictatorship in Kenya does not succeed.”
“Since it is obvious that the Attorney General is unlikely to find anything wrong with the grand scheme of the UDA 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,” says the lawyer.
Mungai states that UDA’s policy and schemes to “poach” elected leaders and have them undermine their political parties, amount to subversion of multi-party democracy in Kenya.
“UDA and its leaders have violated the political rights of voters in Isiolo County to be served on the basis of the mandate vested on Guyo and Lowasa during the General Election held on August 9, 2022,” he adds.
“The resignation of the Guyo and Lowasa 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,” Mungai says.
Mungai also says that the petition raises substantial questions of law and political rights, hence it should be heard and determined by a High Court bench consisting of a minimum of five judges.
