The Accusations Laid Bare
The United Democratic Alliance UDA party has sent a formal notice to its prominent member Kakamega Senator Dr Boni Khalwale. The party demands that the Senator explains why he should not face disciplinary action. The issue is his open support for a rival candidate in the recent Malava Constituency parliamentary by-election. The UDA Disciplinary Committee states that Senator Khalwale actively campaigned for an opponent against the official UDA candidate. The committee calls his actions a clear demonstration of disloyalty.
The Legal Rulebook in Focus
The case against Senator Khalwale is built on a firm legal foundation starting with the UDA party constitution. The committee specifically cites Article 4 which requires all members to promote the party and follow its rules. By supporting a rival, the Senator is accused of breaking this core duty. The party also points to the Constitution of Kenya. Article 75 on leadership and integrity requires state officers to avoid conflict of interest. The party argues that as a UDA sponsored Senator his duty is to the party and his actions created a major conflict.
This move by UDA is not without legal precedent. In 2021 the High Court made a landmark ruling in the case of Okiya Omtatah versus the Orange Democratic Movement. The court firmly stated that political parties have the right to discipline their members. This ruling empowers parties like UDA to enforce their internal rules and take action against members who break them.
A Public Display of Defiance
The UDA committee claims it has evidence from public sources. This would include video footage and photographs of Senator Khalwale attending rallies for the rival candidate. It would also include news reports and social media posts where he openly endorsed the opponent. His support was described as vocal and conspicuous.
Khalwale’s Next Move
Senator Khalwale now has fourteen days to write back to the party. His response must show cause meaning he must give convincing reasons why the party should not punish him. If his explanation is not satisfactory the committee will summon him for a full disciplinary hearing. At that hearing he can represent himself or bring a Lawyer. If found guilty he could face serious sanctions from the party including possible expulsion.
















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