- Senators passed the contentious Bill in the daylong special sitting that ended way past 9pm on Wednesday.
- Some 28 senators voted to approve the Bill with three lawmakers allied to the Deputy President William Ruto rejecting it.
President Uhuru Kenyatta on Thursday signed into law the controversial Political Parties (Amendment) Bill, 2021, setting the stage for the formation of mega coalitions ahead of the polls.
Senators passed the contentious Bill in the daylong special sitting that ended way past 9pm Wednesday.
Some 28 senators voted to approve the Bill with three lawmakers allied to the Deputy President William Ruto rejecting it.
The enactment of the new law paves the way for political parties seeking to form a coalition party to finalise and submit their agreements to the Registrar of Political Parties by April 9, four months to the August 9 general election.
It also poses a headache to political parties which will now have to register their members and deposit the membership list with the registrar for the purposes of party nominations.
The registrar will scrutinise and certify political party membership lists and nomination rules before such primaries are conducted.
This means that people who are not registered party members will not participate in party nominations.
The Bill becomes effective even as it emerged that Ruto, who was initially opposed to the changes, appeared to soften his stance.
The DP, who had initially said sections of the Bill were unconstitutional, realised he will need it in crafting a coalition deal with ANC, Ford Kenya and other partners.
Last Sunday, Ruto, ANC leader Musalia Mudavadi and Ford Kenya boss Moses Wetang'ula announced the formation of Kenya Kwanza Alliance to face ODM leader Raila Odinga's Azimio La Umoja Movement.
With the enactment of the law, all political parties under a coalition party will benefit from political party funds as the document provides for sharing formula for every party that participates in a general election.
The Bill provides that a total of 70 per cent of the fund to be distributed proportionately based on the total number of votes secured by each political party in the preceding election.
Another 15 per cent shall be distributed proportionately to political parties based on the number of candidates from special interest groups elected in the preceding general election.
Ten per cent of the fund will be shared out proportionately to parties based on the total number of representatives from the political party elected in the preceding polls, while the remaining five per cent for the administration expenses remain.
Fight over millions of shillings of the political party funds was behind the disintegration of National Super Alliance.
While all parties will laugh all the way to the bank, they will have headache running primaries as the outfits will be required to use list of registered members.
Ruto's United Democratic Alliance is among the parties that could face a problem as they rush to register members to comply with the law and beat the nomination timelines.
Records at the Registrar of Political Parties indicate that most of politicians supporting Ruto's party are still registered as Jubilee members.
The Independent Electoral and Boundaries Commission has since set April 16 – 22 to conduct party primaries. This implies that Ruto’s team has to prepare its registrar in the next two months.
Ruto’s allies, both in the National Assembly and the Senate viciously fought Clause 22 that provides for direct and indirect nominations.
Direct nomination involves voting by registered party members while indirect involves delegates certified by the Registrar of Political Parties.
The grand plan by Uhuru and Raila seeks to form a Narc-like coalition and needs the law to allow political parties to field candidates jointly across the country under the coalition party.
The aim is to prevent self-cannibalisation of parties and candidates supporting the Azimio Movement, through which Raila is expected to vie for the presidency.
Sakaja – who is now in Ruto’s camp – lifted the lid on the apparent change of heart, saying that they also seek to form a coalition in their quest to form the next government.
“We now need it. You are forming a coalition party: we are also forming a coalition party. What is good for the goose is also good for the gander,” Sakaja said.
“These rules will not be applied to only one side of the elections. It will be applied to both sides. If it is a bad law, it is going to be bad for everyone. If it is a good law, it is going to be good for everyone,” he added.
Uhuru and Raila allies lauded the passage of the Bill and its subsequent enactment, saying the new law will sanitise coalitions and grow political parties.
Jubilee Joint Parliamentary Group secretary Adan Keynan said all political players eying elective seats in the upcoming general election would have a perfect legal safeguard against political treachery that has previously dogged internal political party and coalition affairs.