What Political Parties Act says about public officers

Updated 2 hr(s) 49 min(s) ago

Related Stories

 All you need to know about 2012 race card

 A cocktail of fortunes for optimistic country

 Long way to go as some Agenda Four targets far from realised

  Dangerous meat

  Al-shabaab killed

 Bomb scare at Nairobi church

Koki Muli

The Political Parties Act (PPA), a creation of the Constitution, which contains the principles and values that govern political parties, is the principal law dealing with political parties. Article 12 prohibits a public officer from being a foundingmember or holding office in a political party.

It also prohibits him/her from engaging in political activity that may or be seen to compromise the political neutrality of his/her office; or publicly supporting or opposing a party or candidate. However, the President, Deputy President, Member of Parliament, Governor, Deputy Governor or member of county assembly and the Prime Minister (until that office ceases to exist) are exempt from this provision.

Article 13 of the PPA provides that anyone disqualified from holding public office under the Constitution (chapter six – leadership integrity), PPA or any other written law shall not be a founding member or hold office in the governing body of a political party.

Article 14 of PPA requires members to give a written notice to the clerk of Parliament, if they are Members of Parliament; or to the clerk of a county assembly, if they are members of a county assembly. The resignation shall take effect immediately the relevant clerk receives such notice; and, the relevant clerk or the relevant political party from where the member is resigning shall inform the registrar of the relevant political party.

No one can be a member of more than one political party at the same time although one is free to change from one party to another so long as they follow the relevant procedures and bear the consequences required by the law.

In addition, a person will be deemed to have resigned from a political party if, while a member of that party, they form or join the formation, or join or advocate the formation of another party; members of a coalition shall not be deemed to have resigned from the coalition if they join, form or participate in the formation of another party. Therefore, ordinary members of political parties are not required to resign by giving notice; through their actions, they shall be deemed to have resigned from their previous party.

The PPA provides that a member can only be expelled from a party if s/he infringes the party’s constitution and only after s/he has been afforded a fair hearing in accordance with the internal party disputes resolution mechanisms as prescribed in the constitution of the party.

Expulsion shall not be arbitrary as it used to be during the Kanu era. In fact, an aggrieved member can also go to court to challenge their expulsion if they are not satisfied with the process used and the party decision to expel him/her. In addition, the law prohibits the suppressing or attempting to suppress another person from any lawful political activity by anyone, making these offences, on conviction, punishable by one million shillings or imprisonment for two years or both.

Article 15 provides for the rights of a political party and states that any provisionally registered party is entitled to hold and address public meetings in any area in Kenya for the purposes of publicising itself and recruiting members; to the protection and assistance of the State security agencies for the purposes of facilitating peaceful and orderly meetings; and to the provision by the State, of fair opportunity to present its programmes to the public by ensuring equitable access to the State owned media.

Access to public media such as KBC shall be organised in collaboration and consultation with all the relevant stakeholders. However, provisional registration does not entitle a political party to organise or hold public meetings in connection with any election, or to propose or campaign for any candidate in any election; and any party that does this commits an offence.

The writer is an elections and constitutional law expert and lecturer, Southern Eastern University College.