The High Court has upheld removal of Cleophas Malala as UDA Secretary General.
Justice Bahati Mwamuye in his ruling affirned Hassan Omar’s appointment, quashing September 2024 Political Parties Disputes Tribunal ruling that had allowed Malala to retain the position as the Acting Sec Gen.
On August 2, 2024, the former Kakamega Senator was removed as the UDA Sec Gen by the party’s National Executive Council. This is after weeks of internal wrangles.
Omar who was then part vice chairperson took over Malala’s position in an acting capacity.
“The National Executive Committee has determined to designate the Vice-Chairperson, Hassan Omar Hassan to act as the Secretary-General on an interim basis. The appointment of Cleophas Malala as the interim Secretary General is hereby revoked. These changes are effective immediately,” UDA’s NEC communicated.
Malala had been picked in the position to replace Veronica Maina who was nominated for the Senate.
But Justice Mwamuye said Malala’s appeal before the tribunal stands terminated and cannot be heard or proceeded with by the tribunal.
“A declaration be and is hereby issued affirming the Gazette Notice Volume CXXVI No. 128 dated August 19, 2024 (No. 10349) and the changes therein, the removal of the first respondent (Malala) as acting secretary general and the appointment of the interested party (Hassan Omar) in that capacity remains valid and in force,” Mwamuye ruled.
The judge also declared that the changes made by UDA were lawful and in force, thus putting to rest Malalah’s bid to be reinstated.
“A certiorari order is hereby issued quashing the orders made on September 27, 2024, by the Political Parties Dispute Tribunal and quashing in appeal Number E005 of 2024 any subsequent orders emanating from and or in furtherance of those proceedings,” Justice Mwamuye ruled.
The judge further declared invalid and set aside the entire proceedings of the tribunal of Desma Nungo, Stephen Musau, Muzna Jin, and Abdirahman Adan Abdikadir.
