Curtains fall on briefcase parties under new law

By Vitalis Kimutai

KENYA:  Enactment of the Political Parties Act, 2011, marked the demise of briefcase political parties and restored sanity in the political arena.

In law, political parties must now meet specific conditions before being allowed to operate. Gone are the days when individuals could form parties and use them as cash cows in an election by selling nomination certificates to leaders who had been defeated in other political party primaries.

Mrs Lucy Ndung’u, the Registrar of Political Parties said since the Act became operational, there had been a sharp decline in the number of registered parties in the country.

“Before the last General Election, there were more than 215 political parties but the number reduced to 147 following the enactment of the Political Parties Act 2007,” Ndung’u said.

Ndung’u revealed that there were 55 registered political parties that had met the requirements of the Political Parties Act 2011. Initially, the only requirement for political parties to be registered was that it had to have 200 members in each of the former eight provinces.

But the law now demands that a party must have 1,000 registered members in at least 24 counties among a raft of other conditions for it to qualify for registration.

The Act states that a political party must apply for a Provisional Registration Certificate from the office of the Registrar of Political Parties for it to operate. Such a party that has been provisionally registered shall not later than 180 days from then apply for full registration.

If a party does not apply for full registration after 180 days, then its provisional registration lapses while a provisional registration for a party that has applied for full registration shall be valid until the party is issued with certificate of full registration or until such an application is rejected.

“The Registrar shall within seven days of receipt of an application under sub-section (3) publish a notice in the Gazette and in at least two newspapers having nationwide circulation inviting objections from any person or any other party concerning the registration of the name, symbol or colour of the party or any other issue relating to the registration of the political party,” the Act reads in part.

A political party must recruit not less than 1,000 registered voters in more than 24 counties whose membership must reflect regional and ethnic diversity, gender balance and representation of minorities and marginalised groups.

“A political party must have in its governing body not more than two thirds of the members from one gender who meets the requirements of Chapter Six in the Constitution relating to ethics and leadership,” Ndung’u said.

Ndung’u says a party must also submit to her office a list of the names, addresses, identification particulars of all its members, the location of its head office and branch offices.

In the last three consecutive polls it was common for leaders to hold onto certificates from different political parties after parting with huge amounts of money.

“The trend was that some candidates participated in primaries of the preferred political party while holding a nomination certificate of a fringe party as a fall back position in the event of being defeated,” Nyatike MP Omondi Anyanga said.

Mr Anyanga said: “such a leader once he loses in the primaries would go ahead and present the certificate of the other party to the Electoral Commission and his/her name would end up in the ballot paper.”

Micah Kigen, the Friends of Raila national chairman says the new laws had not only raised the bar in competition to the next best level but would also restore sanity.

“Party hoping now has clear timelines and even those who will be nominated must have been members of a political party for a certain period of time. Those seeking to be in leadership through unorthodox means have no space in the current dispensation,” Kigen said.

“The beauty about the Political Parties Act, 2011 is that it gives the right to any Kenyan who has attained 18 years of age to belong to a political party and contest for elective office,” Kanu Secretary General Nick Salat said.

Mr Salat says the Act also provides that a political party dully registered shall be a corporate body with perpetual succession and common seal and shall be capable on its own of acquiring and disposing of property and can sue or be sued.

Parties must state the source of all funds and other assets of the political party, and must inform the Registrar of particular of any contribution, donation or pledges, estimates of expenditure in relation with the laws relating to public finance management.

It is also a legal requirement for political parties to state particulars of its properties, time and mode it was acquired and also present the latest audited books of accounts for inspection.

Gor Samalengo, a politician and businessman said the high standards have also been set for political party office holders as compared to the past.

“The Act provides that those who have been declared bankrupt, convicted of a criminal offence and sentenced to imprisonment for a period of not less than six months, or is an appointed State Officer shall be disqualified from sitting in the governing body of a political party,” Samalengo says.

Prof Larry Gumbe, a former chairman of the Centre of Multiparty Democracy pointed out that the law provides for political parties to enter into coalitions ahead of an election whose agreement shall be deposited before the Registrar and is legally binding.

Gumbe said parties are also allowed to enter into mergers but such a move must be in accordance with the constitution, rules and procedures of the parties.

“The decision to merge shall be in writing and shall be dully executed by the party officials authorised to execute agreements on behalf of the political parties,” the Act reads in part.

Eldoret South MP Peris Simam says: “It is important to note that parties that have merged shall stand dissolved paving the way for registration of a new party that has been agreed upon,” Simam stated.

Public officers are not allowed to be founding members of a political party and cannot hold a political party office, engage in political activity or offer support or opposition to any party, as they must be neutral owing to the positions they hold.

“It should be noted that the law on public officers holding political party offices does not apply to the President, Deputy President, a Member of Parliament, Governor, Deputy Governor or a member of a County Assembly,” Titus Bitok, a former Moi University law lecturer says.

Those declared unfit to hold public office under the Constitution are also barred from holding party position while those wishing to resign from a party must submit a written notice.

An MP who intends to resign from a political party must write to the Clerk of the National Assembly while a Member of the County Assembly shall inform the clerk of county Assembly in writing. Such a resignation takes effect 30 days after the notice.

The Act also bans party hoping, which has characterised the political scene since the advent of multiparty democracy in the early 1990s.

“A person while being a member of a political party – forms or joins in the formation of another party, joins another political party, in any way or manner publicly advocates for the formation of another political party, promotes ideology, interests or policies of another party, or campaigns for another party or a candidate of another party, commits an offence and shall cease to be a member of his party,” the Act states in part.