High Court Sets Tough Standard for Ousting Leaders Over Alleged Party Defection
The High Court has issued a landmark ruling tightening the criteria for removing elected leaders from office on grounds of party hopping, declaring that defection can only be proven through a formal and legally-recognized resignation from the sponsoring political party.
A three-judge bench on Thursday dismissed a petition seeking to unseat Isiolo Governor Abdi Guyo and Deputy Governor John Lowasa over claims that the pair had abandoned the Jubilee Party for President William Ruto’s United Democratic Alliance (UDA).
In their judgment, the judges held that political realignments, public appearances with rival parties, or shifts in political messaging cannot amount to lawful defection unless the mandatory procedures set out under Sections 10 and 11 of the Political Parties Act are strictly followed.
“Political migration or public association with another party does not, in itself, constitute defection under the law,” the bench noted, emphasising that only a formal resignation submitted to the sponsoring party and the Registrar of Political Parties can satisfy the legal threshold.
The petition—filed by residents Guyo Ali, Mohammed Wario, Teddy Muturi and Steven Kihonge—accused the county’s top leadership of abandoning Jubilee after the 2022 General Election. However, the court found no evidence that the governor or his deputy had authored, submitted, or filed any lawful resignation documents.
The ruling reinforces the centrality of political parties in Kenya’s constitutional order but also draws a clear line between party loyalty and the exercise of public office.
The judges observed that while political parties are critical pillars of a functional multiparty democracy, governors do not wield authority on behalf of their parties. Instead, they hold executive power as representatives of the electorate under the Constitution.
At the same time, the court issued a cautionary note on the broader implications of unregulated party switching.
The bench warned that casual defections threaten democratic stability and may raise ethical concerns that contravene Article 10(2) of the Constitution, which outlines national values and principles of governance.
“Irregular movement between parties undermines accountability and good governance,” the judgment reads. “However, courts can only intervene where the legal standard of proof is met. Speculation or political perception cannot ground the removal of a constitutional office holder.”
Governor Guyo and his deputy welcomed the decision, maintaining throughout the case that they had never resigned from Jubilee and accusing the petitioners of relying on political assumptions rather than verifiable evidence.
The dismissal of the petition secures the duo’s tenure at the helm of Isiolo County and sets a precedent that political disputes relating to party allegiance must be anchored in demonstrable, lawful action—not public narratives or shifting political winds.
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High Court Sets Tough Standard for Ousting Leaders Over Alleged Party Defection