ECK: Parties yet to comply with Act

Electoral Commission of Kenya Vice Chairman Kihara Muttu (right) and commissioner Samuel arap Ng'eny during the closing of a two-day workshop at Utalii Hotel, Nairobi . Photo/STEPHEN MUDIARI

What you need to know:

  • Parties have until December 31, 2008 to comply with the Political Parties Act.
  • ECK considering a deadline extension.

The Electoral Commission of Kenya has said none of the country's political parties has complied with the requirements of the Political Parties Act.

According to the registrar of political parties Ms Lucy Ndung’u, her office has received only two applications for full registration that are currently being processed.

She added that her office, created five months ago, has so far received 20 amended constitutions that is one of the requirements.

Under the new laws, political parties had three months beginning September 3 to amend their constitutions.

The new constitutions must reflect the party’s names, eligibility of members and their rights, conflict resolution, general and branch organisation of the party, audit of accounts and means of dissolution. The new parties are also required to give an address of their headquarters.

“This regulation will ensure that we no longer have briefcase parties in our political system,” said Ms Ndung’u.

Ms Ndung’u also said the ECK is considering extending the deadline for compliance set for December 31.

She, however, revealed that no decision on the matter had been made.  

The current register contains 168 political parties that are fully registered in accordance to the Societies Act.

She clarified that the parties must comply with the regulations of the Political Parties Act in order to remain on the register.

On the funding political parties from the Treasury, Ms Ndung’u said that the ECK was in the process of petitioning the Finance Ministry to have funds reflected under the 2008/09 revised budget estimates.

Though the law was passed late last year, no funds were set aside for political parties in this year’s Finance Bill that was passed by Parliament on Tuesday.

Ms Ndung’u was speaking during the last day of a workshop to sensitise the media on the Act organised by the electoral body at Utalii Hotel, Nairobi.

The workshop concluded that the new law was in need of amendments due to several contradictions and inconsistencies.

ECK Vice Chairman, Mr Kihara Muttu said the commission would be forwarding the concerns to the Attorney General for necessary action.

Speaking at the workshop on Tuesday, ECK Chairman Samuel Kivuitu expressed concern that the registrar of political parties seems to have too much unrestricted powers.

He said that the roles of the registrar might be in conflict with those of the proposed tribunal that should deal with conflicts concerning political parties. He added that the law is unclear on how the working of the registrar can be controlled.

“The registrar can easily clash with the commissioners. The commissioners may think because they appoint the registrar, he or she should abide by the decisions that they make,” said Mr Kivuitu.

Political parties are gearing for national delegate conferences starting Thursday in a bid to comply with the Act before the December 31 deadline.