Court bars UDA from replacing Nairobi County Minority Leader, Whip

MCAs led by Minority Leader Anthony Kiragu and Minority Whip Mark Mugambi force their way into United Democratic Alliance (UDA) party offices in Nairobi to seek an audience with party Secretary General Cleophas Malala on Monday, October 23, 2023. [Samson Wire. Standard]

The Political Parties Disputes Tribunal (PPDT) has temporarily halted the removal of United Democratic Alliance (UDA) Party's Nairobi Minority Leader Anthony Kiragu and Minority Whip Mark Mugambi.

The two leaders had filed an urgent application on Tuesday, October 24, challenging the decision of the UDA Party to replace them with new appointees.

PPDT Chairperson Desma Nungo issued an interim order barring UDA and the Nairobi County Assembly from implementing or enforcing the decision, pending the hearing and determination of the application.

The order also restrained the assembly from interfering with the status, privileges and terms of Kiragu and Mugambi as elected representatives.

The PPDT directed that the application be served upon the respondents and interested parties within three days, and gave them seven days to file and serve their responses.

The matter will come up for mention on November 7, 2023, at 2.30 pm, for further directions.

In their affidavit, Kiragu and Mugambi claimed that they were unlawfully removed from their positions without due process or fair hearing. They also alleged that their removal was politically motivated and aimed at frustrating their work.

They sought an order from the PPDT to quash the decision of the UDA party and reinstate them to their positions. They also sought an order to prohibit any further action against them based on the decision of the UDA party.

The move came after UDA Secretary General Cleophas Malala announced on Monday that Kiragu and Mugambi had been ousted following a petition by 35 out of 52 UDA MCAs, who demanded new leadership in the assembly.

Malala stated that Waithera Chege, an MCA from Nairobi South, had been appointed as the new Minority Leader, deputized by Deonysias Mwangi, an MCA from Githurai Ward.

The new lineup also included Joyce Muthoni, a nominated member, as the Minority Whip, and Mwaura Samora, an MCA from Clay City, as the Deputy Minority Whip.