Coalition pacts must adhere to rules on formation of alliances

Article 10 of Political Parties Act (PPA) provides that, two or more political parties may form a coalition before or after an election and shall deposit the coalition agreement with the Registrar of Political Parties.

Although according to this article, a coalition agreement entered into before an election shall be deposited with the Registrar at least three months before that election; it is implied that that agreement can be amended with addenda where necessary.

It is on this basis that Jubilee and Coalition for Reform and Democracy are able to register addenda with the Registrar of Political Parties at any time after the main coalition agreement was deposited on December 4.

According to the Third Schedule of the PPA in line with article 10 above, a coalition agreement shall adhere to the rules and procedures of the political parties relating to the formation of coalitions. Sanctioned by the governing body of the political parties entering into the coalition; it shall be in writing and duly executed by authorised national party officials; and be commissioned by a Commissioner of Oaths to make it legally binding.

A coalition agreement shall state its parties; their policies and objectives; provide the overall structure; their general organisation structure and management, including the county structures and systems and county governing bodies; the criteria/formula for sharing of positions in the coalition structure, roles and responsibilities; the election rules and nomination rules; the decision making structure.

The policy initiation, policy consultation and policy decision making structure, rules and procedures; the Code of Conduct including the values and the principles guiding the performance of the individuals and the members parties within the coalition; the dispute resolution mechanisms; the enforcement and sanction mechanisms and procedures for breach of any of the provisions of the agreement; the procedures for appeal to the Political Party Tribunal; the role of the governing body and political party organs of the individual member parties of the coalition in the running of the affairs of the coalition including the links and the mechanisms and procedures accordingly.

The formula and the mechanisms for sharing of funds from the Political Party Fund to the respective member of the coalition; and the grounds upon which the coalition may be dissolved including the mechanisms and procedures to be followed.

Article 10 and the Third Schedule of the PPA exist to ensure there are no “secret” memoranda of understanding like before, because governance and democracy are public affairs involving the participation of all the people to ensure accountability.

This means that after a coalition of parties form Government; it becomes a Government for all in Kenya with everyone having a stake. Coalitions are no longer short-term arrangements for selfish individuals to come together to win an election, share positions and then begin squabbling over who got what spoils of the election.

 This is why the Third Schedule is very detailed on how coalitions should be structured to ensure national and county level governance structures are detailed and included in the coalition agreement.

The coalitions envisaged here are also long-term with clear implementation strategies and formula/criteria of sharing of power/positions, which should be negotiated before hand and deposited with the Registrar for avoidance of future disputes. A disputes resolution framework is also created for the members of the coalition to minimise tensions during the life of the Coalition Government.

This is why all coalition agreements including subsequent addenda must be filed and registered with the Registrar to ensure transparency and accountability in line with the provisions of Article 10 and the third schedule.

The writer is an elections and constitutional law expert and lecturer, South Eastern University College