Kenya's political parties still underfunded, registrar yet to be named

Five years after the promulgation of the Constitution, political parties are yet to have a substantive registrar of political parties.

Although Parliament enacted legislation guiding the conduct and management of political parties as institutions of governance and democracy, the President has not constituted a selection panel to recruit an official to oversee the functions.

Suba Mp John Mbadi (left) with Ruaraka Mp Joseph Kajwang speaking to Journalist at Orange house office Nairobi,on 28/4/2015.The leaders said that Jubilee Government had lost moral authority to govern. (PHOTO.FIDELIS KABUNYI/STANDARD)

Raila Odinga's Orange Democratic Movement (ODM) insists that lack of a substantive registrar of political parties is hampering the enforcement of the provision of law governing the parties.

ODM Chairman John Mbadi was categorical that the Jubilee administration is violating the provisions of the Constitution with impunity, and has not cared to have a substantive registrar of political parties.

"The Jubilee government is blatantly violating the Constitution. It is the President who has the power to appoint the selection panel of the registrar of political parties," Mr Mbadi said yesterday.

Mbadi argued that the 10th Parliament had enacted legislation that mandates the State to set aside 0.3 per cent of the total revenue as per the last audited accounts, a situation he said has never been adhered to.

"The Jubilee administration is aware that the amount being allocated to political parties is below the threshold of what is envisaged in the law. It (Jubilee) cannot be trusted in the full implementation of the Constitution," said Mbadi.

Political parties have petitioned President Kenyatta to kick-start the stalled process of appointing the registrar of political parties.

According to the law, whenever a vacancy arises in the Office of Registrar of Political Parties or Assistant Registrar, the President shall, with the approval of the National Assembly, appoint a selection committee.

The parties say that although Lucy Ndung'u is currently holding the position, she cannot discharge the duties bestowed to that office as she is not a substantive holder of the office.

The Political Parties Act, 2011, established the Office of Registrar of Political Parties (ORPP) as an independent office.

Institute of Education in Democracy (IED) had also threatened to sue President Kenyatta if he fails to kick-start the recruitment of the registrar of political parties within a period of 90 days.

IED Executive Director Brian Weke said there is no issue with the current registrar being in office but the law should be applied.

Weke said the Political Parties Act of 2011 gave a timeline for the registrar of political parties to be appointed within 110 days but that did take place.