MP wants parties law struck out

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Kilome MP John Harun Mwau argued that the section has imposed conditions that make it difficult for most Kenyans to register a political party. Photo/FILE 

By PAUL OGEMBA pogemba@ke.nationmedia.com
Posted  Monday, July 16  2012 at  23:30

IN SUMMARY

• Mwau tells court that research shows it costs Sh19 million to comply with Political Parties Act

An MP wants sections of the Political Parties Act that requires parties to recruit 1,000 members in at least half of the 47 counties declared unconstitutional because it is too expensive to comply with.

Kilome MP Harun Mwau, leader of the Party of Independent Candidates of Kenya (Pick), argued that the section has imposed conditions that make it difficult for most Kenyans to register a political party.

Through lawyer Omwanza Ombati, the MP told the court that he had commissioned a research to establish how much it costs to comply with the requirement and the results show that an average Kenyan cannot be able to register a party.

“The research shows that a party requires a minimum of Sh19 million to get registered, which makes it impossible and unfair in any democratic society,” Mr Omwanza said.

It is unreasonable to allow independent candidates to vie for elective posts but restrain those who want to participate in elections from using a party without a national outlook.

He added that sections of the Act, which provides funding for parties that garner at least five per cent of the votes, is unjustifiable since it favours large parties.

According to Mr Omwanza, the political parties fund should be available to any party that participates in the elections.

However, the Independent Electoral and Boundaries Commission (IEBC) opposed the application, arguing that the Act does not contravene the Constitution, but reinforces what is provided in law.

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Through lawyer Paul Nyamodi, the commission said that the Constitution requires that every political party must have a national outlook so that taxpayers’ money is spent on funding a party that is beneficial to many people.

AG’s opposition

He said that a member whose party is not able to comply with the Act can still vie for any post as an independent candidate.

“The Act does not create restrictions but merely reinforces what is created by the Constitution,” Mr Nyamodi said.

His opposition to the petition was supported by the AG, who argued that the Act was reasonable and meant to bring sanity in the political field. 
Justice Ngugi will deliver a ruling on September 28.