A proposal to bar losers of party nominations from running as independent candidates will soon be presented to Parliament.
Inconsistency in the law gave losers in political party primaries in last year's election a lifeline, and many contested as independent candidates.
But this could change if a report, by the task force set up by Registrar of Political Parties Lucy Ndung’u (pictured) to review the law, seals the loophole that allows party hopping.
The team has representatives from the Kenya Law Reform Commission, the Senate and the National Assembly, National Gender and Equality Commission, civil society the electoral commission as well as Ndung’u's office.
When she appeared before the Parliamentary Committee on Delegated Legislation, Ndung’u said her office had put in place a team to deal with the loophole that allowed losers to contest.
“We have formed a task force to review the law and make a comprehensive report on how we can amend the law to seal the inconsistency of the 90 and the 120 days stipulated in the law. There was a small window used by those who failed in the nominations to get a chance to participate in the elections,” Ndung’u told MPs.
The MPs' major concern was that those beaten in the nominations still went ahead to be cleared by the Registrar to contest in the elections.
With the adjustment to the Election (Amendment) Laws 2017, the period for submission of candidates list for gazettement is 120 days before the election day.
This means those aggrieved by the outcome of the primaries can contest as independent candidates since the requirement for their gazettement is 90 days to the election.
Article 85 of the Constitution states that any person is eligible to contest as an independent candidate in election if that person is not a member of a registered political party and has not been a member for at least three months (90 days) before the date of the election.
Kathiani MP Robert Mbui put the Registrar of Political Parties to task on the measures being put in place to cure party hopping.
Mbui, who is also the Deputy Minority Leader in the National Assembly, blamed party hopping on shambolic nominations.
"We have seen candidates resign from parties to contest as independent and later win seats during elections meaning the person is not the problem but the way our nominations are conducted,” said Mbui.
The committee’s chair and Uasin Gishu Woman Representative Gladys Shollei noted political parties meant nothing to politicians who had no regard to the dictates of democracy.
"The world is laughing at us because we don't respect party ideologies. In Kenya, politicians only use parties as vehicles to get to office. We must address party hopping once and for all,” said Shollei.
