A petitioner wants the National Assembly to recommend the removal of the registrar of political parties from office.
Governance specialist Julius Simiyu is accusing Lucy Ndung'u of incompetence and gross violation of the constitution.
“The registrar has just been watching as party members violate the constitution. The failure on her part is a clear manifestation of incompetence and therefore [she] has no business overseeing the operations of political parties in the country,” Simiyu said on Monday.
He also noted that her continued stay in office is unconstitutional since she is yet to take oath of office.
Ndung'u has been acting in the position for four years since the enactment of the Political Parties Act of 2011.
The constitution provides that before assuming a state office, acting or performing any functions of the office, a person shall take and subscribe to the oath or affirmation of office.
The functions of the office of registrar of parties include to register, regulate, monitor, investigate and supervise political parties to ensure compliance with the law.
The registrar is also required to administer the political parties' fund, the list of all party members and maintain a register of registered political parties.
“Despite the law allowing her to perform these functions that also include ensuring that no person is a member of more than one political party, we have seen party members advocating for the interests of other outfits,” he said.
Simiyu accuses the registrar of watching as individuals flout the supreme law, the law and the constitution of their parties.
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For instance, several party officials who have been appointed into public service are still holding onto their party positions contrary to the constitution. The constitution says that any appointed state officer shall not hold office in a political party.
Onyango Oloo who was appointed the chairman of Lake Basin Development Authority remains the secretary general of president Uhuru Kenyatta's TNA party.
A similar case is with Kenya Water Institute board chairman Benjamin Muema who continues to serve as the New Ford Kenya secretary general.
Alliance Party of Kenya chairman Titus Ibui was also named as the chairman of the Kenya Leather Development Council board.
In July, the Commission of Administrative Justice asked the President to appoint "a substantive registrar of political parties before the general elections".
Narc-Kenya's for the removal of the registrar in the run-up to the 2013 general elections.
“We have no respect left for Ndung’u as a party because she seems to be acting for certain political bigwigs. It is time she left office as is provided in the new constitution,” Karua said.