Resolve nominations row internally, parties told

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Chief Justice Willy Mutunga (centre) newly sworn-in member of the Political Parties Disputes Tribunal James Amalemba (right) and Tribunal's chairman Peter Simani (left) at the Supreme Court December 31, 2012. Mr Simani urged political parties to resolve any disputes that may arise from their primaries internally. JENNIFER MUIRURI 

By DAVE OPIYO dopiyo@ke.nationmedia.com
Posted  Monday, December 31  2012 at  12:42

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Political parties have been encouraged to resolve any disputes that may arise from their primaries internally.

Peter Simani, the chair of the tribunal set up to resolve party disputes, said the recent amendments to the Elections Act meant the parties had only a 10-day window to determine the flurry of disputes expected from the nominations.

Last week, MPs amended the Act, extending by 15 days, the period within which to defect from the parties that sponsored them to parliament, a move that was roundly condemned by many.

Had they not changed the law, most MPs would have been deemed to have defected on January 4, when they were required to confirm the parties on whose ticket they will run, thereby losing their parliamentary seats.

Mr Simani said the amendments had given both the Independent Electoral and Boundaries Commission (IEBC) and the tribunal limited time to resolve any disputes that may arise from the primaries expected later in January.

The IEBC has already published tentative dates that require party nominations to be completed by January 18.

Nomination papers for presidential candidates are to be submitted to the IEBC by January 29 while those for Governors, Senators, MPs and County Assembly representatives will be between January 31 and February 1.

“This gives the political parties and their candidates a slim period of about 10 days to resolve their nomination disputes internally and thereafter to file and have them determined by the tribunal if need be,” said Mr Simani on Monday.

“Given the number of potential disputes that may arise from the countrywide nomination, parties and their members must pay special attention to their internal dispute resolution mechanisms,” he said.

“These will be critical organs in ensuring that the various members of the parties get a fair opportunity to vie for elective seats.”

He spoke moments after witnessing the swearing in of James Amalemba, a new member of the tribunal.

The ceremony was presided over by Chief Justice Willy Mutunga.