UDA Grants Parastatal Heads Permission to Contest in Party Elections
Contrary to the legal counsel of Prime CS Musalia Mudavadi and a directive issued by Attorney General Justin Muturi, the United Democratic Alliance (UDA) Party has authorized parastatal executives to participate in the December party elections.
UDA refuted in a memo distributed to party members on Thursday the proposition of prohibiting candidates from running for elective office from holding directorships in state corporations.
Muturi and Mudavadi cautioned that due to their status as state officers, parastatal chiefs were precluded from engaging in political activities.
Cleophas Malala, secretary general of the UDA, advocated for the party’s position by referencing a court of appeals decision that permitted Board chairmen to participate, because they were not state officers as required by the Constitution.
”The position is informed by the decision of the High Court that members of State Corporations are not employees who draw from the exchequer and are therefore not state officials to warrant their disassociation from political parties,” Malala stated in a memo.
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He added that the UDA had previously conveyed its position on the subject to the Attorney General in a letter that he cited.
”In the circumstances, members of the Party who are independent directors may contest in the grassroots elections. Enclosed herewith is the referenced communication,” it further read.
The party referred to the judgment in Katiba Institute & another vs. Attorney General & another in the letter dated 14/9/2023, which was under the control of the advisory.
”Given the above implications, it becomes evident that adhering to the finding of the court is not just a matter of legal consistency but also of operational efficiency,” the letter partly read.
UDA additionally requested Muturi to ground his viewpoint on the legal framework, affirming that it reflected the correct stance in contrast to his own.
As per the National Delegates Convention (NDC) of the party, nationwide elections are scheduled to commence on December 9, 2023.
The party’s leader, President William Ruto, aspires to garner additional nationwide support before the 2027 General Election.
UDA Grants Parastatal Heads Permission to Contest in Party Elections
