The UDA party's plan to assign public officials to party positions has drawn criticism from the ODM party. 

 ODM claims anarchy will result from the appointment of KRA leader Anthony Mwaura to lead its National Elections Board and KPLC chair Joy Midivo to the Internal Dispute Resolution Committee. 

Additionally, ODM claims that the action violates the Ethics and Integrity Act. 

During a meeting of the NEC, ODM decided to either push for the two's resignation from their positions or reject the UDA offer.

"We are not going to allow civil servants to engage in politics...this is backward," ODM Secretary General Edwin Sifuna said.

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According to ODM, UDA's attempts to force Mwaura and Joy Mdivo, the chair of the KPLC board, to engage in politics will be unconstitutional.


Notwithstanding the protest, UDA has already sworn in the election team. "We have sworn in the team this morning," said UDA Secretary General Cleophas Malala, who has written to Attorney General Justin Muturi seeking guidance.

Malala bases her letter on a Supreme Court ruling in a lawsuit brought by the Katiba Institute. According to the ruling, chairperson and board member positions in state corporations and parastatals are not considered offices in the public service. 

In their letter, the UDA party argues that designating chairpersons and board members of state corporations as public officers would subject them to stringent hiring requirements, eliminating the president's appointment-related flexibility. 

According to the Secretary General of UDA, adopting the court's viewpoint guarantees that state corporations maintain their effectiveness and agility and focus on their mandates without becoming bogged down in needless bureaucratic details.


Malala writes, "Considering the legal complexities, and by way of this letter, the state law office is requested to vary its expert opinion on the accurate position in the legal and governance framework regarding the issues raised." The letter is addressed to the Attorney General and copied to Felix Koskey, the Head of Public Service, and Prime Cabinet Secretary Musalia Mudavadi. 

According to the ODM team, state corporations, the cornerstone of governance, cannot become involved in political party politics since this could erode public confidence.