By Vitalis Kimutai and Rawlings Otieno

The 180-day window for parties to comply with Political Parties Act ended on Monday, with more than eight political parties failing to beat the deadline.

Registrar of Political Parties Lucy Ndung’u said 24 parties had been issued with compliance certificates, while 22 others were awaiting to be issued with registration documents.

Sisi Kwa Sisi, Saba Saba Asili and Federal Party of Kenya on Munday rushed to beat the deadline.

Three other parties, Ford Kenya associated with Trade minister Moses Wetangula, Ford People led by former Cabinet minister Henry Obwocha and People’s Party of Kenya received their certificates on Monday.

Ndung’u pointed out that parties that had not applied for registration could still seek provisional certificate to continue operating for a month pending application for full registration in 180 days.

Parties that failed to comply by the law as at 5pm on Monday include Ford Asili, Party of Hope, Kenya National Democratic Alliance and Farmers Party.

apply afresh

Others are Vipa Progressive Party and Kenya African Democratic and Development Union headed by Lugari MP Cyrus Jirongo, who has since shifted allegiance to United Republican Party (URP) headed by Eldoret North MP William Ruto.

Ms Ndung’u said parties that have not presented their papers for full compliance with the Act could still follow the process and apply afresh for registration.

State officers according to the new Act are not allowed to hold any position in political parties, but the Registrar has issued compliance certificates to parties that have Cabinet ministers as officials.

Section 22 (2) of the Political Parties Act 2011 does not allow the president, his deputy president, prime minister, MPs, governor, deputy governor and members of County Assembly to hold positions in political parties. Internal Security minister George Saitoti remains chairman of Party of National Unity while Transport Minister Amos Kimunya is the secretary general. President Kibaki is listed as party leader.

In Orange Democratic Movement, Medical Services minister Anyang’ Nyong’o is secretary general while in Grand National Unity Party Assistant Minister Mwangi Kiunjuri is party leader. Mr Wetangula is an official of Ford Kenya while Energy minister Kiraitu Murungi is secretary general of PNU Alliance Party.

Deputy Prime Minister Uhuru Kenyatta has since resigned as Kanu chairman saying the law does not allow him to hold the position since he was a State officer.

interim chairman

Lieutenant General (Rtd) John Koech has since resigned as chairman of Poverty Eradication Commission to take charge of United Democratic Movement (UDM) party.

"I tendered my resignation last week in line with Political Parties Act that requires a State officer to resign if he is an official of a political party," Koech told The Standard..

Former Speaker of the National Assembly Francis ole Kaparo also resigned as chairman of National Environment Management Authority (Nema) to assume position of interim chairman of URP.

Mr Kaparo resigned two weeks ago and took over from Dickson Korir as chairman of the party, which is waiting to receive compliance certificate from the registrar.

Willis Otieno, a lawyer with Electoral Institute for Sustainable Democracy in Africa said under the Political Parties Act, MPs and councillors whose parties would not have met registration requirements will continue to serve in their positions until the General Election. "They will continue to serve as independent candidates as long as they are not registered as members of any other political party," Otieno said.

governing council

Mr Otieno, however, pointed out that if MPs and councillors were sitting in governing council of parties that have been deregistered, then the law requires that they seek re-election.

"If they willingly contributed to the dissolution of parties that sponsored them to Parliament or Local Authorities, then they would not be protected by the law," Otieno stated.