Why Khawale Wants Malala Kicked Out As UDA Secretary General

Kakamega Senator Boni Khalwale has filed a petition at the United Democratic Alliance (UDA) Disputes Resolutions Committee seeking to have Cleophas Malala removed as the party's secretary general.

In a petition seen by Viral Tea on Monday, October 9, Khalwale sued Malala over the appointment of regional and county managers for the party grassroots elections scheduled in December 2023.

The senator claimed that the appointments were made without evidence of consultations with other relevant party organs.

"The Respondent is a contestant in the forthcoming grassroots elections and is therefore in a conflict of interest by his appointment of the said managers."

“That, pending the hearing and determination of the petition, the Honorable Committee be pleased to issue an injunction to restrain the Respondent, Cleophas Malala Wakhungu, from exercising the functions of the office of the Secretary General of the Interested Party, the United Democratic Alliance,” the petition read in part.

Khalwale further argued that if the disciplinary committee had not issued the conservatory order, Malala would have continued to use the position to take advantage of situations that would benefit him to the detriment of the petitioners and other party members.

“The Respondent has usurped the powers and functions of the National Elections Board, the only organ within the party that is mandated to deal with the matters of internal party elections.

“The Petitioners will suffer irreparable personal loss and prejudice if the Honorable Committee does not intervene,” added the petition.

Khalwale further argued that Malala had chosen to usurp the powers of the National Elections Board, warning that if the Resolutions Committee does not address, check and sanction the matter, Malala would continue to perpetuate the illegality, acts of impunity and blatant disregard for the laws of the Republic of Kenya and the party constitution against the members' interest.

"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 petition continued.

Khalwale filed the petition alongside Walter Mkinginyi Trenk.

He therefore wants the committee to issue an injunction to restrain Malala from exercising the functions of the Office of the Secretary-General of UDA.

He also wants the committee to issue that the appointment of the Regional and County Managers was unconstitutional, unlawful, and therefore null and void.

"An order do issue that the National Elections Board is the only organ mandated to make announcements related to the preparations for the forthcoming grassroots elections.

"An order do issue that all persons who held executive offices before the 29 be restrained from discharging any duties related to the party apart from essential ones such as financial facilitation to the NEB as a way of providing a level playing field for all participants. An order that costs of the petition be awarded to the petitioners," added the petition.

Malala was yet to respond to the petition filed against him.

Deputy President Rigathi Gachagua, President William Ruto, UDA Chairperson Cecily Mbarire and UDA Secretary General Cleophas Malala during the launch of the UDA offices at Nyeri County on September 9, 2023. /PCS