Why parties in Kenya are reluctant to punish defectors

NAIROBI: Political parties are finding it difficult to expel members who have publicly declared to have ditched their parties.

Leaders are divided on the lack of enforcement of the law and gaps within the law to stop 'political prostitution'.

Section 14 (5) of the Political Parties Act states that a person who, while being a member of a political party, joins another political party, in any way or manner, publicly advocates for the formation of another political party or promotes the ideology, interests or policies of another political party shall, be deemed to have resigned from the previous political party.

The Constitution in article 103 states that the office of an MP becomes vacant if, having been elected to Parliament as a member of a political party, the member resigns from that party or is deemed to have resigned from the party or as an independent candidate, the member joins a political party.

Wiper leader Kalonzo Musyoka said the most honourable thing for the defectors to do was resign and seek fresh mandate. "If they are indeed genuine that they defected and are now in Jubilee Party, let then relinquish their seats and go back to the ballot. They will realise that they left on their own," he said.

Amani National Congress leader Musalia Mudavadi and Homa Bay Town MP Peter Kaluma argued that unless the defector writes to the party, it's difficult to prove that a member has ditched the party.

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"We have members who break the law with impunity and nothing is done. The registrar (of Political Parties) does not require any prompting to act because they publicly declared that they had defected from the parties that sponsored them," said Mudavadi through his spokesman Kibisu Kabatesi. Mr Kaluma said the law makes adequate provisions on how to deal with defectors.

"There is disregard of the law by politicians and lack of enforcement of the provisions of law by the Registrar of Political Parties," he said.

Tongaren MP Eseli Simiyu said there is a gap in law which allows defectors to go scot free since they are required to write formally to the Clerk of either Houses of Parliament or their political parties.

"They defect in word but don't write the resignation letter. These are the biblical hypocrites who preach water and drink wine. The electorate will deal with them," Mr Simiyu said.

He continued: "The Registrar of Political Parties must act and the electoral agency declares the seats vacant pronto. The courts must stay independent from Jubilee and rule in favour of the by-elections."

Section 14 of the Act, stipulates that a member of a political party who intends to resign from the political party shall give a written notice prior to his resignation to the political party, the clerk of the relevant House of Parliament, or the clerk of a County Assembly.

When contacted, Registrar of Political Parties Lucy Ndung'u said political parties must first follow the internal dispute resolution mechanism before they can submit their recommendation for action if they want a member to be de-registered.

Ms Ndung'u explained that if a person is deemed to have contravened the Political Parties Act and the party's constitution, then a party can institute disciplinary action against that member.

"When the name is submitted to us after a conclusive process, we shall de-register the member," Ndung'u told The Standard yesterday.

James Mwamu, a constitutional lawyer, argued that amendments to the Political Parties' Act allow elected members to move to other parties without losing their seats.