Parties unite against offending Act
By Joseph Murimi
Major political parties have joined hands to plot an overthrow of the Political Parties Act that they fear may spell their doom.
In a rare show of unity, the Orange Democratic Movement (ODM), Party of National Unity (PNU) and ODM-K have enlisted the support of 78 political parties to subvert the implementation of the Act.
Several parties are to team up with the Centre for Multi-Party Democracy-Kenya (CMD) to move to court and file a constitutional reference with the aim of declaring the new law unconstitutional.
The suit is to be filed before the end of the week, with firm argument that the law is taking away their freedom of association as enshrined in Section 80 of the Constitution.
The CMD oversight board met last Thursday and concluded that some sections of the new law are “unconstitutional and would lead to the stifling of multi-partyism in Kenya”.
CMD chairman Larry Gumbe confirmed the meeting attended by representatives of all the main political parties including ODM, PNU, Narc Kenya, ODM-K and Safina.
ODM was represented by the founding chairman Mugambi Imanyara, PNU by Secretary-General Albert Kamau, and Narc-Kenya by MPs Danson Mungatana and Katoo ole Metito, among others.
On Sunday, Prof Gumbe said they would join the political parties that are going to court to have the offending sections amended.
He said the board mandated them to negotiate with the Government to see how the law that comes into full force next January 1 could be expeditiously amended.
Gumbe said CMD-K welcomed the efforts being made to streamline and regulate the operations of political parties, but had problems with sections of the new law.
He said one of the areas in conflict with the Constitution was the requirements that political parties must attain 5 per cent of the national vote in two consecutive elections or risk deregistration.
Restrictions of funding
The new law came into effect on July 1 and gave parties a grace period of 180 days to meet the requirements. The period expires on December 31.
Parties are currently racing against time to meet the requirements, including conducting elections and opening branches across the country.
Gumbe takes issue with restrictions of funding of political parties by NGOs as well as the huge amount of money (Sh600,000) set out for registration.
He says this means those who fail to raise the amount would have their freedom of association curtailed, which is against the Constitution.
The requirement that parties be national has also been interpreted to mean that the new law was limiting the freedom of association by denying those who want to come together as a region to do so.
He also took issue with the definition of party branches, saying the decision should be left for parties to decide as they deem fit.
Gumbe says the grounds laid out in the Act for deregistration of the parties are discriminatory.
A requirement that a party that does not field candidates for six years would be deregistered turns parties into “mere election machines contrary to the spirit of multi-partyism, where parties generate policies and project different ideological positions”.
CMD-K also takes issue with the decision of level funding to be made by the Treasury, hence giving the Minister for Finance the power to determine level of funding.
Gumbe says this would give the Government of the day a chance to manipulate the parties. He further questions the immense powers the Act gives to the Registrar of Political Parties.
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API/Source.standard.ke
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