CIC opposes proposed amendment to Political Parties’ Act

CIC Chairman Charles Nyachae. [PHOTO: STANDARD/FILE]

By MOSES NJAGIH

NAIROBI, KENYA: The Commission for the Implementation of the Constitution (CIC) has clashed with the office of the Registrar of Political Parties over the proposed amendment to the Political Parties’ Act.

While CIC is opposed to the amendment seeking to ensure all political parties represented in Parliament and county assemblies get a share of the Political Parties Fund, the office of Registrar approve it, saying this would bring equality among political parties.

The Registrar of Political Parties Ms Lucy Ndung’u argued that even small parties that garner sufficient support to propel their candidates to an elective post should be considered for funding by the taxpayers.

 However, both CIC Chairman Charles Nyachae and Vice Chair Elizabeth Muli punched holes in the proposals contained in the Political Parties’ (Amendment) Bill, arguing that they were unconstitutional and against the spirit of the Constitution.

The Bill, sponsored by Kakamega Senator Bonny Khalwale and currently before the Senate, wants all political parties funded as long as they have a representative in the Senate, National Assembly or even a county assembly in any of the 47 counties.

In the Bill that has already gone through the First Reading, Khalwale wants Section 25 of the Act to allow for distribution of the Fund to political parties that won at least one elective seat in Parliament or elective seat.

MOVE DISCRIMINATORY

However, when Nyachae and his team appeared before the Senate Committee on Legal Affairs chaired by Busia Senator Amos Wako, he said the amendments were discriminatory and would be to the disadvantage of the outfit that works hard in fielding a presidential candidate.

“The proposal is punitive to political parties that field presidential candidates. They shouldn’t be punished because no one stops any political party from fielding a presidential candidate,” Nyachae said.

He warned that the clause in the proposed law may be exploited by individuals only interested in the funds from the National Treasury.

“The Constitution says parties should display a national character. There is a possibility that those parties with a single member in the county assemblies may not be of that character,” said Nyachae.

But Ndung’u differed with the committee’s position saying the national character of any political party was not easy to determine.

“A party may not have seats at the top level but is may be well represented at the counties. Are we saying we can reward some parties and leave out others yet this is taxpayers’ money?” posed Ms Ndung’u.

Elgeyo-Marakwet Senator Kipchumba Murkomen appeared to support the position of the CIC saying it would be wrong to include parties with only one member in the assemblies. “I’m not in agreement that you can get only one MCA and then get money from the fund,” said Mr Murkomen.