Parties fight to share State funding

By Stephen Makabila           

More than 50 political parties have stepped up battle —under the Centre for Multi-Party Democracy (CMD) — for a share of the Sh205 million allocated to political parties by the State this financial year.

A stringent Political Parties Act (PPA-2011), now described by the aggrieved parties as discriminatory, locks them out of the allocation to be disbursed by the Registrar of Political Parties (RPP).

PPA Section 25(1) and (2)) states that 95 per cent of funds shall be distributed proportionately but only to parties that have secured at least 5 per cent of the total number of votes in the preceding General Election.

The remaining 5 per cent of the annual allocation, according to the PPA, should be used for administrative purposes by the RPP’s office.

According to CMD chairman Omingo Magara, data obtained from the RPP indicates that only the three parties qualified for State funding — ODM, TNA and URP.

CMD, which had wanted to push for an amendment of the PPA following resumption of the National Assembly on Tuesday, feels the Act in its current form is discriminatory and in total contravention of the Constitution, going by Article 38 on the Bill of Rights (Political Rights).

But the amendment plans as revealed by Magara in an interview with The Standard on Sunday, has suffered setbacks due to non-co-operation by the Attorney General’s office and the Parliamentary Committee on Justice and Legal Affairs over the last one month.

“Without funding these political parties, they cannot meet other conditions of the PPA like each maintaining offices in at least 24 counties which require resources. What is happening is exposing these parties to possible de-registration which is killing the democratic gains achieved since the introduction of multi-party democracy in 1992,” says Magara.

He went on: “Apart from the three parties that qualify for funding now, 26 other political parties have also elected MPs, Senators, governors and members of the county assemblies. Deregistering these parties as a result of denied funding impacts negatively on leaders elected on those tickets.”

Indeed, RPP Lucy Ndung’u had earlier in the year threatened to deregister more than 40 political parties that had failed to comply with the law, a threat that was strongly opposed by the CMD.

We propose...

Some of the major parties missing out of the allocations include Kanu, the Wiper Democratic Movement, Ford-Kenya, United Democratic Front (UDF), New Ford-Kenya and Narc, some of which have representation in the National Assembly and the Senate on top of having won governorship seats.

National Assembly Minority Leader Francis Nyenze has previously faulted the allocation of State funds to political parties based on their showing in the last General Election, saying this would kill democracy.

On August 6, CMD Executive Director Njeri Kabeberi wrote to AG Githu Muigai on the need to address the funding controversy amicably through an amendment in Parliament. The letter copied to the Parliamentary Justice and Legal Affairs Committee chairman Samuel Chepkonga, requested a meeting to discuss the matter.

“In our view, this situation does not bode well for the development of democracy in the country and is not in consonance with key constitutional provisions in that regard. Article 10 (2) (a) of the Constitution has ‘democracy and participation of the people’ as a national value. Article 38 does guarantee citizens the right to form political parties and participate in their activities including contesting office or choosing others,” read the letter signed by Kabeberi.

“We are proposing that we explore the possibility of amending Section 25 of the PPA (2011) so that it reads (a) 25 per cent of state funds shall be distributed equally among  all political parties (b) 25 per cent  to be distributed equally among parliamentary parties (c) 45 per cent  shall be distributed  proportionately in accordance  to votes received  by all political  parties  that received at least 5 per cent  of the total  vote in the preceding general election while (d) the final 5 per cent be retained for administrative purposes by the RPP’s office,” read Kabeberi’s letter seen by The Standard on Sunday.

CMD had noted if its formula was not acceptable, then it was willing to accept any other that is more equitable. It also demanded that the RPP’s office be staffed in accordance with the current Act for it to be more robust.

The UNDP-funded Political Parties Collaborative Forum (PPCF) had also proposed the repeal of the clause that pegs funding on the presidential results. Instead, PPCF Chairman Benjamin Mwema had noted the criteria should either be a proportionate ratio pegged on percentages or parliamentary representation to widen the scope of funding.

The Standard on Sunday has, however, established that after failure by Muigai and Chepkonga to respond to the letter, some political parties moved to court, seeking to bar the RPP from disbursing the funds until the controversy is resolved.

The case was filed by Muungano Party, Kenya National Congress and a Mr Julius Mwangi Muriuki but CMD has also been enjoined in the case. “We have instructed our lawyer Stephen Mwenesi we be enjoined in the case, but without prejudice to the matter in court, its CMD’s interest that the funding stand-off be sorted out amicably through the amendment route,” said Magara.

He says CMD was still making efforts to have a meeting with the AG to impress on him the need for his office to introduce an amendment in Parliament that would ensure equitable distribution of funds to all political parties.

“We have talked to the Speaker of the National Assembly Justin Muturi who chairs the House Business Committee and he has agreed to support the amendments,” said Magara.

Chepkonga had called for foolproof criteria to contain the growing unease over the matter. Magara says CMD will continue lobbying MPs to see sense in making necessary amendments to safeguard democratic gains under multi-partism.

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