Tribunal to reduce backlog of parties disputes in courts

By Koki Muli

Article 39 of the Political Parties Act (PPA) establishes the Political Parties Disputes Tribunal consisting of a chairperson qualified to be a judge of the High Court; and four other members one of whom shall be an advocate of the High Court of five years standing; who shall serve on part-time basis.

The Tribunal shall determine disputes between the members of a political party; disputes between a member of a political party and a political party; disputes between political parties; disputes between an independent candidate and a political party; disputes between coalition partners; and appeals from decisions of the Registrar under this Act.

These provisions require that before a dispute is brought before the Tribunal, it should have been heard and determined by the internal political party dispute resolution mechanisms.

It is expected that the Tribunal shall hear and determine all disputes within three months from the date it is lodged. An Appeal shall lie from the decision of the Tribunal to the High Court on points of law and facts and on points of law to both the Court of Appeal and the Supreme Court. A decision of the Tribunal shall be enforced in the same manner as a decision of a Magistrates Court.

The Tribunal is the first instance of disputes resolution after internal political parties disputes mechanisms have been used and all internal means have been exhausted.

This system specially established for political parties and candidates hopes to reduce the number of political disputes that end up in the High Court. It will especially ensure political disputes are resolved within the shortest possible period and that the High Court is not clogged with elections petitions immediately after a General Election.

The Tribunal which is established as a specialised permanent mechanism for political parties comprises individuals who specialise on political and electoral disputes, and whose only mandate and focus are political disputes.

This is why the Tribunal is required to hear and determine all disputes within a period of three months after the disputes are lodged. This will ensure the political disputes are heard and determined expeditiously by experts whose only job is to deal with them.

The Tribunal is also required to deal with appeals from the Registrar of Political Parties, meaning that the registrar is required to address some of the disputes within or between political parties and independent candidates. This is a good idea because; all political parties are already represented in the Liaison Committee established by the Independent Electoral and Boundaries Commission (IEBC) and the Registrar.

Although, any political party or independent candidate dissatisfied with the decision of the Tribunal can appeal to the High Court on points of law and facts and on points of law can appeal to both the Court of Appeal and the Supreme Court; this new and structured system of disputes resolution, all the way through from the internal mechanisms of political parties, to the Registrar of Political Parties through to the Tribunal, will ensure that most disputes are resolved before they get to the High Court, Court of Appeal and the Supreme Court.

This not only ensures faster resolution of political disputes, but it also ensures the Judiciary is not clogged with political and electoral disputes unnecessarily. In addition, over time, a specialised electoral and political disputes mechanisms and system is established, which political contestants have confidence and trust in.

This means that, if we ever have a situation like in 2007 of disputed elections results, the contestants can seek redress from the established system with confidence that their disputes will be heard and determined expeditiously and they can expect justice from the strict adherence to due process of law.