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UDA defends appointment of KRA, Kenya Power bosses to oversee elections

Secretary General Cleophas Malala at a past event.(Cleophas Malala)

By Barack Oduor | Thursday, April 4, 2024

UDA, through Malala, argued that nothing bars board members of government institutions from being officials of political parties.

President William Ruto's United Democratic Alliance Party (UDA) has told off its rival, the Orange Democratic Movement (ODM) Party, over its latest decision to appoint state officers to oversee party elections.

On Thursday, the UDA referred to accusations by the Raila Odinga-led ODM as uncalled for and unfounded.

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The party's Secretary General Cleophas Malala said it respects, upholds and protects the Constitution and abides by "all the parameters of the law".

"We are fully aware of the definitive provisions of the law on what and who constitutes a 'public officer," he said.

Malala said they are guided by judicial precedents and determinations that have found and held that chairpersons of state corporations are not public officers within the definition of Article 260 of the Constitution.

ODM had, on Wednesday, vehemently protested a move by UDA to appoint Kenya Revenue Authority chairperson Anthony Mwaura to head its National Elections Board, and Kenya Power Chairperson Joy Midivo to the Internal Dispute Resolution Committee.

ODM said that the move is against the Ethics and Integrity Act.

ODM, through its Secretary General Edwin Sifuna, vowed to push for the resignation of the two from their offices. They also requested that the two public servants drop the offers as they are now conflicted.

"We are not going to allow civil servants to engage in politics. This is backward," said Sifuna.

UDA, through Malala, argued that nothing bars board members of government institutions from being officials of political parties.

He explained that board chairpersons are appointed by the President discretionally and are not paid as employees of the institutions that they chair.

In a press statement, Malala claimed that the Orange Party had followed in the path of the UDA Party to conduct party elections, soon after they announced their schedule for the national grassroots election.

"We are proud that, as young as UDA is, it has inspired ODM to learn a lot more about democracy. We challenge ODM to continue observing and learning from UDA," he stated.

Malala, who had written to Attorney General Justin Muturi seeking guidance on the matter, heavily relies on a judgment by the high court in a case filed by the Katiba Institute. The ruling says, "We find and hold that positions of chairpersons and members of boards of state corporations and parastatals are not offices in the public service."

The UDA party, in its letter, argues that classifying chairpersons and board members of state corporations as public officers would bind them to strict recruitment provisions, thereby extinguishing the president's flexibility inherent in their appointment.