Photo/FILE In an advisory to Parliament, CIC chairman Charles Nyachae says the law must be amended to comply with Article 108 of the Constitution which allows political parties to form coalitions after a General Election to boost their numbers in Parliament.
By NATION TEAM newsdesk@ke.nationmedia.com
Posted Tuesday, August 2 2011 at 22:30
Posted Tuesday, August 2 2011 at 22:30
Experts want the law changed to protect the country’s political stability during elections.
The team overseeing the implementation of the constitution is suggesting amendments to the Political Parties Act to allow post-election coalitions.
The law bans them and provides that any such alliances be built well before a general election.
The Commission on the Implementation of the Constitution also wants the law to say that political coalitions be limited to 30 days after an election.
This will block politicians from crafting coalitions and bringing down governments mid-stream, which could destabilise the country.
Another proposal is to have those MPs whose conduct causes their parties to be deregistered to lose their seats.
CIC says in its current form, the Political Parties Act violates the Constitution.
In an advisory to Parliament, CIC chairman Charles Nyachae says the law must be amended to comply with Article 108 of the Constitution which allows political parties to form coalitions after a General Election to boost their numbers in Parliament.
“Clause 10 disallows post-election coalitions. This restriction goes against the spirit of Article 108 of the Constitution which contemplates coalitions which can occur before or after the elections,” Mr Nyachae warns.
Mr Nyachae proposes that Parliament includes a provision that parties can only enter into coalitions if their constitution and rules provide for that option.
On MPs who violate the law, CIC argues that by providing that all MPs whose party is de-registered continue serving as independent MPs, the Political Parties Act is protecting even those who, by their acts or omissions, caused the deregistration of the party.
Mr Nyachae also warns that the provision that a member of a political party can only inspect its records after paying a prescribed fee is unconstitutional because it infringes on the freedom of information.
Additionally, the CIC wants the Act amended to provide that the distribution of funds to political parties be reviewed annually.
“Each party’s political representatives may change from year to year depending on successful election petitions, recall of MPS, and by-elections.
“It is necessary that these changes be reflected in the allocation of funds so as to reflect the constitutional principle of fairness,” CIC suggests.
The commission also wants MPs to change the law to ensure that even those political parties which field candidates for county seats are funded by the Exchequer.
“There may be parties which opt to participate in county elections alone. These are legitimate national elections occurring at a distinct level of government,” Mr Nyachae states.
“Restricting funding to parties that win seats in elections at the national government level only, is a failure to recognise the legitimacy of the county government and violates the letter and spirit of the Constitution in Article 6,” he goes on.
The CIC also wants the law changed to expressly bar political parties from using the funds to directly campaign for a candidate.
Mr Nyachae asks MPs to insert a clause in the law that states that Political Party funds shall not be used to directly campaign for a candidate.
Stories by Peter Leftie and Emeka-Gekara Mayaka
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