- The clauses increases the period from the current 120 days from the date of issuance of a provisional registration certificate to 270.
- Chebukati argued that the proposed timelines did not align with the election timelines.
Image: EZEKIEL AMING'A
Several clauses in the controversial coalition political party bill interferes with the mandate of the IEBC and affects the August 9 election timelines, chairman Wafula Chebukati has said.
In the submission that could throw spanner in the works for the handshake partners, Chebukati poked holes in the Political Parties (Amendment) Bill, 2021.
The Bill seeks to anchor President Uhuru Kenyatta and ODM leader Raila Odinga's Azimio la Movement as a coalition political party.
IBEC was among the 25 state and non-state organisations that submitted their views to the Senate Justice, Legal Affairs and Human Rights Committee that has been conducting pubic participation on the Bill.
The nine member panel chaired by Nyamira senator Okong’o Omogeni retreated last evening after the two-day marathon hearings to file ahead of tabling and debate in the House next week.
“We received submissions from 25 organisations. After listening to some of the organisations that appeared before us physically, we are retreating to a place outside Nairobi to sieve through the submissions and write a report,” Omogeni said.
In the submissions, Chebukati raised concerns with a number of clauses, saying they will either interfere with the mandate of the commission as prescribed in the constitution or others.
Some of the provisions, he said, if passed, will interfere with and throw the planned elections into disarray as they interfere with the elections time lines.
The IEBC objected to the amendment of clause 9 that seeks to have coalition parties submit the coalition agreement to the Registrar of Political parties at least 120 days before the general election.
“The timelines are also not committed to the electoral timelines because the commission is required to review nomination rules of any party participating in an election six months before nominations,” Chebukati said.
“At what time does commission review nomination rules of a coalition party?” the electoral body boss posed.
The chairman also raised concerns with clause 5 of the Bill that amends the principal Act to increase the period for provisionally registered political parties to be fully registered.
The clauses increases the period from the current 120 days from the date of issuance of a provisional registration certificate to 270.
Chebukati argued that the proposed timelines did not align with the election timelines.
Political parties are required to submit their nomination rules six months before nomination of its candidates.
The proposed amendment, the chairman said, would ultimately lock out participation of provisionally registered parties.
Chebukati was further concerned that amendments to clause 22 of the Act, which would hand new functions to the registrar of political parties.
The powers include the regulation of political parties, verification of list of members of political parties and certification that an independent candidate is not a member of a political party and that he or she does not use a symbol of a registered party, conflicted with the mandate of the IEBC.
“The provision usurps the power of the commission. Party list nominations are elections conducted by the commission."
“It is the commission to verify qualifications of the nominees and the lists are submitted as closed lists to the commission,” IEBC boss said.
The Bill further seeks to amend clause 15 to ensure a member of a deregistered party holding an elective office at the time of the party’s deregistration shall continue to hold office for the remainder of the elective term as a member of another political party or independent of any party.
The commission was however objected to this noting that it was against the constitution since an elected person cannot transit to hold office under another party.