- CMD chairperson Abshiro Halake and Kenya Law Reform Commission CEO Joash Dache also called for the reinstatement of the clause.
- The duo also called for the scrapping the provision stating the registration of coalition party shall happen 120 days to the General election
Image: EZEKIEL AMING'A
Funding of political parties, timeline for formation of coalition party and the nomination methods in picking candidates in primaries emerged as some of the sticky clauses in the contentious coalition bill.
The revelations surfaced during the public participation forum on the controversial Political Parties (Amendment) Bill, 2021 conducted by the Senate Justice and Legal Affairs Committee.
Even though most of the stakeholder’s supported the proposed law, some raised concerns with the various clauses.
Kenya Law Reform Commission, Katiba Institute, Center for Multiparty Democracy, Council of Governors and a consortium of civil society organisations raised concerns on various provisions of the bills.
They singled out the role of individual political parties, sharing of funds, auditing of the funds, timeline for full registration of political parties and deadlines for full registration of political parties.
However, the Cotu, National Youth Council, consortium of disabled persons and a number of private citizens supported the Bill saying it provides a framework for formation of coalitions.
“Cotu, in full realisation of the fact that our members are not only members in different political parties but also get affected in one way or the other by activities of these parties, wholly supports the Bill,” Cotu secretary general Francis Atwoli said.
Atwoli made the submission through Cotu’s administrative and legal secretary Isaac Okello before the committee chaired by Nyamira senator Okong’o Omogeni.
The Cotu boss added that the proposed amendments promotes strong political parties within coalitions.
“Today, it is unthinkable for any political party to contest for an election without forming or joining a coalition. But as much as these coalitions have the potentiality to promote political unity and disability, they, in most instances, only unite certain communities at the expense of others.
“For this reason, ideology is good for strong coalitions,”
The Council of Governors through its chairman Martin Wambora proposed the reinstatement of deleted section 31(3) which requires the auditor general to audit every political party.
This, the Embu governor said, will enhance accountability of public resources.
“The original subsection be retained or alternatively, the amendments to read, ‘the accounts of every political party receiving funds from the political parties fund shall be audited annually by auditor general,” Wambora said.
CMD chairperson Abshiro Halake and Kenya Law Reform Commission CEO Joash Dache also called for the reinstatement of the clause.
The duo also called for scrapping the provision stating the registration of coalition party shall happen 120 days to the general election.
“This appears to conflict with subsection (1) which provides that such as coalition may be formed before or after an election,” Dache said.
Dache proposed an amendment to give clarity on the role of political parties.
"The Bill in the current form proposed roles and functions of a political party appears only to be confined to political mobilisation," he said.
He also opposed the inclusion that requires a coalition political party to submit a coalition at least 120 days before a general election.
“This appears to conflict the principle law which provides that such a coalition may be formed before and after a general election,” he said.
Dache asked Parliament to give clarity to amendment Section 26 of the Act to the effect that monies allocated to a coalition shall be distributed by the registrar in accordance with the coalition agreement.
CMD opposed the timelines to extend the period of provisional registration of a political party from 180 days to 270 days.
“There is no justification for increasing the period. Six months is adequate time for a proposed political party to comply with all legal requirements,” Halakhe said.
He however supported proposals to make provisions for the registration of a political coalition party.
According to her, whereas, there are many ways of ensuring that coalitions contribute meaningfully to multiparty democracy, an effective regulatory framework would go a long way in improving their performance and utility.
She proposed that Parliament passes a standalone legislation to guide party nominations.
Katiba institute opposed the proposed formation of coalition party arguing that it creates a system of political parties that favours some to the disadvantage of others, thus violating the principle of equality and equal treatment before the law.
“For instance, a coalition political party is exempted from the prerequisites for the formation of a political party.”