Court dismisses petition to remove Governor Guyo over alleged party defection, sets strict rules for party switching
Petitioners claimed Guyo and Lowasa had defected from Jubilee Party to the United Democratic Alliance (UDA), but the court found no legally valid resignation documents to support the allegations.
The High Court has clarified that removing elected officials over alleged party switching requires strict legal proof, emphasising that only a formal resignation from the sponsoring party, in line with the Political Parties Act, can trigger such action.
Delivering the ruling, a three-judge bench dismissed a petition seeking the removal of Isiolo Governor Abdi Guyo and Deputy Governor John Lowasa.
More To Read
- Ruto and Oburu strengthen UDA-ODM alliance after by-election win
- Panyako cries foul after loss in Malava polls, claims results ‘subverted’
- UDA, Wiper and DCP claim key MCA seats in by-elections
- Political storm erupts as Jubilee, DAP-K accuse rivals of orchestrated violence in by-elections
- Tension as rival camps clash in Mbeere North polls
- Banisa by-election enters final stretch as UDA, UPA candidates intensify campaigns
Petitioners claimed the two had defected from Jubilee Party to the United Democratic Alliance (UDA), but the court found no legally valid resignation documents to support the allegations.
The judges highlighted that political affiliation or public support for another party does not amount to lawful defection unless Sections 10 and 11 of the Political Parties Act are properly followed and documented.
“Political migration, political alignment, or public association with another party does not constitute legal defection,” the ruling noted.
The petition, filed by Guyo Ali, Mohammed Wario, Teddy Muturi, and Steven Kihonge, collapsed after the court determined that no formal resignation papers had been submitted either to Jubilee or the Registrar of Political Parties.
The court stressed that governors exercise executive authority for the people, not for political parties, drawing a clear distinction between party loyalty and constitutional office.
While dismissing the case, the judges cautioned that unregulated party switching threatens democratic stability and undermines ethical standards.
The bench warned that ignoring the legal process in changing party allegiance raises integrity concerns and may contravene Article 10(2) of the Constitution.
The court also noted that although irregular defections can compromise accountability and good governance under Articles 10 and 4(c), judicial intervention is only possible when the legal proof is presented.
Governor Guyo and his deputy, Lowasa, argued that they had never resigned from Jubilee, describing the petition as based on assumptions and political rhetoric rather than hard evidence.
“We have not resigned from Jubilee, and this petition is built on speculation,” they stated.
By dismissing the case, the High Court reinforced that removal from constitutional office cannot be based on perception or political commentary, but must be grounded in law.
The ruling safeguards the tenure of the Isiolo County leadership and reaffirms the need for strict adherence to legal procedures in matters of party affiliation and political office.
Top Stories Today
