President William Ruto’s United Democratic Alliance (UDA) has granted parastatal board chairpersons and members an opportunity to contest for party positions in the forthcoming grassroots elections.
The decision by the ruling party is against an advisory by Attorney-General Justin Muturi and Prime Cabinet Secretary Musalia Mudavadi.
Mr Mudavadi and Mr Muturi had declared that the parastatal heads cannot participate in political activities since they are state officers.
Article 77 (2) of the Constitution bars any appointed state officers from holding positions in a political party.
But in an internal memo obtained by Nation, UDA Secretary-General Cleophas Malala has told party members who board chairpersons and members are free to contest for party positions in the planned December 9 polls.
In the memo, Mr Malala said the decision was informed by a High Court ruling that members of state corporations are not employees who draw from the exchequer.
The party issued the memo following several queries from members who are directors in state corporations on whether or not they are eligible to contest in the forthcoming grassroots elections.
“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,” said Mr Malala.
He added: “We referenced the precedent judgement of the court providing this clarity, and the guidance from the party leadership. In the circumstances, members of the party who are independent directors may contest in the grassroots elections.”
Some of the individuals serving as board chairpersons and members are allies of President Ruto who lost in the last General Elections. The move is an attempt by President Ruto not to disenfranchise those who would want to run in the 2027 polls.
UDA party on September 14 wrote to Mr Muturi asking him to vary the position issued by Mr Mudavadi, barring board members from party politics.
Mr Malalah said he had a meeting with President Ruto over the matter and was instructed to write to AG Muturi.
“The circular relies heavily on the Attorney-General’s opinion that chairpersons and board members of state corporations are public officers. However, this stands in contrast to the definitive judgement in Katiba Institute and another v Attorney-General and another (2020), which argues otherwise,” said Mr Malalah in the letter to Mr Muturi.
“The circular, by categorising chairpersons and board members as public officers, has potential to shift the recruitment process to the public service commission and its governing act…classifying chairpersons and board members of state corporations as public officers would bind them to strict recruitment provisions, thereby extinguishing the President’s and or government’s flexibility inherent in their appointment,” the letter stated.
The party also extended the deadline for registration of applications seeking the elective positions from its initial November 2, to November 17, to allow more members to enlist themselves for the polls.
"Our systems have clogged due to the many members seeking to contest and we felt that if we go by today's deadline we will jeopardise them. We have moved that to November 17," said Malalah.
He was, however, categorical that the grassroots elections will be held on December 9, as planned.
A meeting that had been scheduled to decide on whether to postpone the December 9 polls to next year was cancelled. President Ruto had been scheduled to convene a crisis meeting yesterday. He was, however, engaged in Mombasa with the visiting Kings Charles III.
