Why Registrar of Political Parties must act this time round

By Jared Okello

The deadline for submission of pre-election coalition arrangements for political parties expired on December 4, in line with the new Political Parties Act.

Already some signatories to the documents under the custody of the Registrar of Political Parties have differed over the contents of their very own hand and proof-read literature.

The agreements, even before the ink dries up on them are already embroiled in controversy. And for some parties the joy and ecstasy that accompanied the signatures dissipated as soon as they had arisen.

After several months and endless frustrating debates, dithering and recrimination, politicians who had hitherto expressed presidential ambitions signed and deposited their contracts are on each other’s necks.

The reported backpedalling by some portends great danger to the democracy of our nation. Why would leaders who claim to subscribe to the ethos of constitutionalism and maturity cry foul this early, even before the elections are carried out? What is the role of the Registrar in this respect? Would it be better for her to and publish these pre-coalition arrangements for the world to see, and expose the mandarins of impunity?

Where do these leaders draw their comfort and strength from even as they shred and manipulate our most coveted new laws? Ofcourse the Registrar has continued to offer them solace even as they hopped across parties, in total abrogation of the Constitution.

The Political Parties Act stipulates that MPs who form or join another party, or who publicly support or advocate for formation of another political party other than the one that sponsored them to parliament, are deemed to have resigned from their parties.

They would be presumed to have forfeited the right to continue sitting in Parliament under the sponsoring party. The Constitution does not allow anyone to belong to two political parties at the same time. The law requires one; including MPs to resign from their sponsoring parties and forfeit their parliamentary seat.

Nevertheless, over half of the sitting MPs have shuffled between parties, yet the Registrar has todate not cracked the whip on them.

She has refused to petition the Speaker of the National Assembly to declare their seats vacant, even when they promoted the interests and principles of rival parties while undermining their own.

It has nothing to do with ,and will not be, inextricably linked to freedom of association. It is about the principles of a multiparty democracy, the rule of law and constitutionalism. The Constitution guarantees everyone freedom of association and expression, provided that they don’t violate the same Constitution.

Political infighting

Although we are allowed to change parties, there are rules governing how and when that may occur. These rules guarantee order, discipline and stability in a democracy. Lack of action against such leaders has, therefore, merely offended all principles of natural justice and well-established democratic tenets.

Perpetuation of such inaction by the Registrar is the basis of the prevailing fears and the silent cry by those who innocently appended their signatures on the pre-coalition arrangements. The masters of impunity have now taken a strategic low profile. They are waiting for an opportune time to break ranks with their partners as soon as anything proves expedient to their calculations.

The hypocrisy, cowardice and opportunism of some is repulsive as they remain incongruent with the views and feelings of the overwhelming majority of Kenyans.

In this confusion the Registrar has remained mum, as politicians treat the country to vain political manouevering and populist antics. She must now intervene and salvage the situation with punitive measures incase of failure to adhere to the arrangements.

Otherwise, the nation would be saddled with a more retrogressive constitution than the repealed one. We must move away from the bare-knuckle political infighting that serves the ends of a few at the expense of national harmony. And no amount of taunting and insolence should detract us.