Registrar orders top guns to quit party posts

By David Ohito

Political party leaders have been put on notice to hold elections for officials whose terms have expired or risk deregistration.

The party leaders are similarly asked to ensure public officers do not hold party positions.

Registrar of Political Parties, Lucy Ndung’u, warned in a notice to registered political parties in a memo dated October 15.

Nearly all parties have vacant positions while some are overdue for elections.

The new Constitution requires political parties to have democratically-elected governing bodies, and to abide by democratic principles of good governance, and promote democracy through regular free and fair elections. Among the parties facing deregistration unless they hold elections is the cockerel party, Kanu, whose national executive committee last met in 2008.

ODM held its national elections in September 2007, in preparation for the General Election that year.

Ford-Kenya, whose chairman, Musikari Kombo, has announced plans to step down, will now have to carry out grassroots elections that have been postponed.

Some of the 47 registered parties are, however, briefcase affairs and will just fill up forms before submitting to the registrar.

The move threw into a spin the 47 registered political parties, particularly the big ones whose top guns enjoy positions of power financed by taxpayers. Section 14 (f) of the Political Parties Act allows the registrar to deregister a party that does not allow regular, periodic, and open election of office bearers. Said Ndung’u: "All political parties should adhere to the provisions of Section 15 of the Act, prohibiting public officers from holding office in a political party."

She added: "Pursuant to Section 26(1) (a), and Section 15 of the Political Parties Act, 2007, I direct that all registered political parties (i) whose officials’ term of office has expired and or ii) those which have vacant seats in their governing bodies should organise for elections as per procedures for their constitutions."

If the rules are implemented then party chiefs, among them President Kibaki, the PNU leader, and Prime Minister Raila Odinga, the ODM leader could be relegated to the sidelines of party hierarchy.

Casualties may include Vice-President, Kalonzo Musyoka, who is the ODM-Kenya party leader, and George Saitoti, the PNU chairman.

Deputy Prime Ministers, Musalia Mudavadi (ODM deputy party leader), and Uhuru Kenyatta (Kanu chairman) would similarly relinquish party positions.

The politicians with eyes trained on the 2012 General Election are keen to keep parties under close check as vehicles for gunning for president.

Several ministers, among them, Anyang’ Nyong’o, the ODM secretary general, and his PNU counterpart, Kiraitu Murungi, would fall by the wayside should the Act be respected.

The Political Parties Act came into force on July 1, 2008.

Justice, National Cohesion and Constitutional Affairs Minister Mutula Kilonzo, too, would find himself in unfamiliar grounds when pushed out of ODM-Kenya, where he is secretary general.

Party officials reached for comment dismissed the action, arguing the country was in a transition, as the new Constitution is being implemented, and such should only take effect after the 2012 General Election.

Senior counsel Paul Muite and Safina party chairman said there were grey areas that needed legal interpretation. "The Constitution talks of State officers and public officers. But we need a clear distinction to clarify the difference," Muite said.

He declined to be dragged into the debate whether politicians holding party positions should relinquish the posts. "As far as elections for party positions are concerned, the registrar is right that they must be held under party procedures and constitutions," Muite said.

The chairman for the Centre for Multi-Party Democracy Larry Gumbe, however, said the rules regarding public officers holding party positions was not tenable until 2012.

Prof Gumbe said the matter should be referred to the High Court for interpretation to end the confusion.

Party elections have been an expensive affair especially for the big parties, which require huge budgets to conduct grassroots elections.

Previously such polls have been described as undemocratic, with elections being called only when a general election nears.