Political parties Act

By Daisy Amdany

HISTORY OF PARTIES
Before the Political Parties Act the parties in Kenya were registered like other welfare groups by the Registrar of Societies together with churches etc. The First at legislation was the Political Parties Bill of 2007. Kenya moved from de facto to de jure one party system courtesy of Constitutional amendments until repeal of Section 2A. Kenya has 47 registered political parties but a lot of reforms are necessary towards internal democratization. Less than 100,00 Kenyans are party members.

THE POLITICAL PARTIES ACT, 2011

Interpretation Section Defines terms EG Coalition alliance of two or more political parties formed to pursue a common goal and is governed by a written agreement deposited with the Registrar. Founding members of the political party contribute assets to first year of existence. Governing body committee responsible for party affairs. Merger two or more parties consolidate their operations and combine officers etc. Office holder person elected to hold office by a party and registered with Registrar while a Political Party is an Association contemplated in part III of Chapter 7 Arts 91, 92, 93.

REGISTRATION AND REGULATION OF PARTIES

Parties may be formed in Kenya in accordance with the Constitution and other written laws. A citizen above 18 years may contest for an elective position in a party. Only organisations registered under this Act are political parties as long as they comply with Art 91 of the Constitution.

PROVISIONAL REGISTRATION
An association applying to be registered as a political party may apply to the Registrar for provisional registration allowing public activities. The Registrar within 30 days shall issue association with certificate for provisional registration that does not allow election participation. Association shall within 180 days apply for full registration. Registrar shall in 7 days publish notice calling for objectors on name, symbol or colour of party or other issue. Provisional registration shall lapse at expiry of 180 days save where application for full registration has been lodged.

PROVISIONAL REGISTRATION APPLICATION

Application in writing and signed by applicant and accompanied by signed minutes of the first meeting of founding members. Set out name of party and any abbreviation and symbol of party. Be accompanied by copy of Constitution as per Sec 9 and second schedule elements. Include Undertaking to be bound by Act and Code of Conduct in first schedule. Prescribed fee for Registration of Parties.

COALITIONS
Coalitions two or more parties may form a coalition before or after an election and shall deposit the coalition agreement with the Registrar At least three months before elections and if after election within 21 days of the signing of the agreement. Coalition agreement is as per third schedule.

MERGERS
A political party may merge with another if in accordance with the Constitution and Rules and procedures of political parties. Decision to merge shall be in writing and duly executed by authorized party officials. Governing bodies of merging parties shall determine the constitution, rules and basis of merger and the registration of the new party. They shall sign the merger agreement which will be deposited with the Registrar within 21days. Merged parties will be dissolved on registration. An MP or County Assembly member of merged parties if in disagreement may move parties or finish balance of term as an independent member.

PUBLIC OFFICERS
Public officers are not eligible to be founding members or to hold party offices or engage in political activity that may compromise political neutrality or publicly indicate support or opposition to any party or candidate in an election. Part does not apply to political public officers EG President, MP or Governor. A person disqualified from holding public office cannot hold a party office.

RIGHTS OF PARTY MEMBERS

Member who intends to resign from a party shall give written notice to the party, clerk of the house or county assembly. Resignation will take effect when clerk gets receipt. Registrar will be notified. A member shall not belong to two parties at the same time otherwise shall be deemed to have resigned from previous party. A member may be expelled from a party for breaching the constitution but must be given a right to be heard. A person who suppresses political activity of another commits an offence liable to a fine of Kshs. 1 million or two years in prison or both.

CORPORATE STATUS FOR REGISTERED PARTIES

A political party that is fully registered shall be a body corporate with perpetual succession, it can sue and be sued, acquire and dispose property. A registered party shall in 60 days of getting certificate submit a written declaration giving details of assets, expenditure, contributions, donations in cash or kind made by founding members. Registrar will in 30 days gazette declaration. Party can be deregistered for non compliance.

RECORDS OF POLITICAL PARTIES

A party shall maintain at its head and county offices a register of its members. Copy of the Constitution together with policies and plans of party. Particulars of contributions, estimates expenditure, audited books of accounts, source of funds and financial transactions. These records are accessible to party members and Registrar otherwise offences are committed for non compliance. Registrar must be notified of changes.

REASONS FOR DE-REGISTRATION

Contravening Art 91 of the Constitution. Failing to promote free and fair nomination of candidates. Failing to respect national values and principles of the Constitution. Obtaining registration fraudulently. Commission of election offences. Acting contrary to section 26 on funds. Registrar will notify Party before deregistration and may suspend a party until compliance is shown.

FUNDING AND ACCOUNTS OF PARTIES

Political Parties Fund established administered by Registrar comprising 0.3% or revenue collected by National Government and contributions from other sources. The fund shall be distributed 95% proportionately by reference to the total number of votes secured in the preceding election and 5% for administration expenses of the fund. Parties that do not secure at least 5% of the votes are not entitled or if more than 2/3rds of registered office bearers are of same gender.

PURPOSES OF THE POLITICAL PARTIES FUND

Sect 26 Promoting representation in Parliament and in the county assemblies of women, persons with disability, youth, ethnic, other minorities and marginalised communities. (more than 30%) Promoting citizen participation in politics. Covering election expenses of the party and broadcasting policies, civic education, administrative and staff expenses of party. Monies only spent for these purposes.

REGISTRAR OF POLITICAL PARTIES

Corporate office with perpetual succession. Independent and Registrar criteria indicated for six year term. Registrar deputised by three assistants not more than two of same gender. Functions of office spelt out together with recruitment process and the selection panel. President , PM and some bodies. Political Parties Liaison Committee established as a dialogue platform.

POLITICAL PARTIES DISPUTES TRIBUNAL

Established to consist of Chairperson and Four Other members selected by the Judicial Service Commission as qualifications similar to judges. Members to serve part time for six year terms. Allowances set by Commission. Tribunal to determine party disputes as per jurisdiction between members, parties, coalition partners and appeals from decisions of registrar.

FINAL PROVISIOS
The Act creates offences and penalties. Political Parties can be wound up by the Attorney General if the cease operation. Registrar may make further regulations. There are some transitional clauses requiring all existing parties to comply and making some savings of the status quo. THANK-YOU.............