Sakaja’s Move to ODM Lands Him in Legal Trouble as Lawyer Plans Court Action

Lawyer Faith Norah Lukosi plans to move to court Tuesday to challenge Nairobi Governor Johnson Sakaja’s reported defection from the United Democratic Alliance (UDA) to the Orange Democratic Movement (ODM).

On her Facebook page, Lukosi said she intends to file a petition seeking interpretation of the law on political party defections.

The lawyer wants the court to examine the legal implications of Sakaja’s move, particularly in light of Sections 14 and 14A of the Political Parties Act, 2011, as amended in 2022.

She said the petition would also seek clarity on whether the circumstances surrounding the governor’s change of political allegiance could trigger constitutional grounds for a by-election under Article 181 of the Constitution.

Sakaja was elected Nairobi governor in 2022 on a UDA ticket, President William Ruto’s party. His reported move to ODM has therefore raised questions about the legal position of an elected county leader who changes political parties while serving in office.

Lukosi’s planned case is expected to put the relevant provisions of the Political Parties Act and the Constitution before the court for review. She wants clarity on how the law applies to a governor who leaves the party on whose ticket he was elected.

Article 181 of the Constitution sets out the grounds on which a county governor may be removed from office. However, whether a change of party membership falls within any of those grounds is a matter Lukosi wants the court to clarify.

The petition, if filed as announced, could open a legal debate on party loyalty, the rights of elected leaders and the circumstances under which a governor’s seat may become vacant.

Lukosi did not indicate in her Facebook statement which court she would approach or detail the orders she intends to seek.

The proposed legal action comes amid political realignments ahead of the 2027 General Election, with parties and leaders positioning themselves for the next electoral contest.

The court’s eventual interpretation could provide guidance on how existing laws apply when elected officials change political parties during their term.

The filing will be closely watched because it could test the limits of party-switching rules.

Source:https://www.facebook.com/share/p/1Bjb5jF2Cy/

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