Judge orders registrar to name listed parties

By Judy Ogutu

The High Court has ordered the Registrar of Political Parties Lucy Ndung’u to furnish a lobby group with information regarding all political parties that have complied with the Political Parties Act, 2011.

Justice Mohamed Warsame directed Ms Ndung’u to prepare and serve the information sought by Friends of Raila (Fora) within three days, failure to which she will appear in court to explain the reasons for not doing so.

Fora had moved to court and sought for the order directing the Registrar of Political Parties to publish in any three dailies information regarding all political parties that have complied with the Political Parties Act, 2011 as at April 30, 2012.

The information it had sought in particular was on members of political parties who have, while being sitting MPs and members of a political party, formed another party, joined in the formation of another political party, publicly advocated for the formation of another party as well as promoted the ideologies, interests or policies of another party other than that which sponsored them to Parliament.

While giving the directions yesterday, Justice Warsame said the order would assist the court to make a determined decision.

Fresh mandates

The political lobby group is in court in an attempt to stem the rising number of ‘defections’ of MPs from one political party to another.

They are also asking the court to take action by compelling the Registrar of Political Parties to write to the Speaker of the National Assembly to declare the parliamentary seats vacant or direct that the MPs be deemed to have resigned from their sponsoring political parties. Accordingly, the MPs would need to seek fresh mandate from their constituents and the new-found parties.

Also sought for is a declaration that the Registrar of Political Parties is an independent office and in discharging its duties, is not under directions of any person or party.

The group’s officials — Mr Micah Kigen (chairman), Hassan Omar Hassan (Deputy chairman), Eliud Owalo (Secretary) and Charles Omanga — have sued the Registrar of Political Parties  and accused her of failing to take action on defecting MPs as required by Section 14.