Nairobi — Kakamega Senator Boni Khalwale has filled a petition at the United Democratic Alliance (UDA) Party Dispute Resolutions Committee seeking the removal of Secretary General Cleophas Malala.
In the petition, Khalwale and another UDA member, Walter Mkinginyi Trenk, accused Malala of usurping the authority and duties of the party's National Elections Board.
The petitioners decried the respondent's move to appoint county and regional administrators to oversee upcoming local elections set for December 9.
"The Respondent overstepped his mandate and usurped the roles and mandate of the National Elections Board. The Petitioners will suffer irreparable personal loss and prejudice if the Honorable Committee does not intervene," the two contended.
They argued the appointments were done non-competitively and without the knowledge of other party members who would probably have been more qualified to take up the positions.
They added there was no proof that the National Executive Committee or the National Elections Board were consulted before the hiring of sub-national administrators.
"By overstepping his mandate and usurping the mandate of the National Elections Board, it is quite clear that the Respondent is bent on compromising the process by appointing his cronies and friends as election management officials," the petitioners argued.
Skewed appointments
They asserted that rather than being based on merit, the nominations were made because Malala and the individuals in question "get along".
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"Some of the appointees such as the ones for the Western Region, Nairobi and Vihiga were based on the previous relationship between the Respondent and the appointees," the petitioners told the committee.
Khalwale and Trenk asked the committee impose an order prohibiting Malala from performing duties vested on the Office of Secretary General.
They asked the committee to issue an order prohibiting anyone who formerly held executive roles from performing any obligations to the party other than those that are absolutely necessary, such providing financial facilitation.
The petition came amid an escalating clash between Khalwale and Malala, with the former accusing the latter of marking reckless pronouncements.
Speaking a meeting with UDA members at his Malinya home in Kakamega in September, Khalwale said Malala lacked capacity to order sister parties in the Kenya Kwanza coalition to fold.
"The only advice we can give him is as follows. The dissolution of parties, please Malala stick to ANC and do not tell Ford Kenya to dissolve because you are not a member of Ford Kenya," he said.
"How can you be Secretary General and you are unable to support your former colleagues in ANC to come to the party where you have been elevated right up to the top? He has a job to do. Let him do it, he has two months to go before he does elections."
President William Ruto, the UDA Party Leader, added his voice on the matter saying constituent Kenya Kwanza parties were free to exercise their democratic choice in considering a proposed merger.
