CIC asks MPs to amend Political Parties Bill

The team charged with implementation of the Constitution has written to Parliament requesting amendments to the Political Parties Bill allowing for alliances after elections.

The Commission on Implementation of the Constitution (CIC) says Clause 10 of the Bill prohibits post-election coalitions.

Kenya’s ruling government is a coalition of political parties working together following the 2007 disputed presidential elections.

“This restriction goes against the spirit of Article 108 of the constitution, which contemplates coalitions that can occur before or after the election,” says CIC.

In a letter to Parliament dated July 28, the commission also asked MPs to revisit deleted provisions of the Act initially meant to promote affirmative action for women, people with disabilities, the youth, minorities and marginalised groups.

“Removal of the provisions is in violation of Articles 27, 54, 55 and 56 of the Constitution, which contemplate affirmative action to enable disadvantaged groups take part in national affairs”.

Further, the CIC has asked Parliament to insert a clause to state that party funds should not be used to directly campaign for a candidate.

Besides the Bill on political parties, CIC is demanding amendments to the recently passed law on the electoral commission.

The team argues that sections of the Independent Electoral and Boundaries Commission (IEBC) Act were not in line with the Constitution.

CIC says the issues were raised before the Act was passed but they were not addressed by Parliament.

“This advisory addresses provisions of the Act, which will require amendment to bring them in line with the letter and spirit of the Constitution,” says the Commission.

CIC is opposed to sections of the Act, which it argues, direct the electoral commission to consider only the report of the Ligale Commission and that of the Justice and Legal Affairs committee when reviewing constituency and ward boundaries.

CIC reckons that the section violates the Constitution.

First, it points out that this amounts to directing an independent Commission on how to do its work.

“The purport of Article 249 (2) is that when carrying out its mandate, the Commission is only subject to the Constitution.”

According to CIC, if the section is retained, it would hinder the electoral commission from amending defects of a constitutional nature in the boundaries report or that of the House team.

Moreover, the Commission says that Section 3(6) of the Act directs the electoral agency on what should be included in the boundaries report by providing that, in its final report, the electoral agency will “take into account” the resolutions of the National Assembly before preparing its final report for gazettement.

The Constitution team says because MPs like all Kenyans, will voice their views on the boundaries and their opinions cannot be binding on the Commission.

The letter is addressed to House Speaker Kenneth Marende, Justice minister Mutula Kilonzo, Attorney General Amos Wako and Mr Abdikadir Mohammed, the chair of Constitutional Implementation Oversight Committee.

The CIC is also opposed to Section 20 of the Act, which states that salaries of employees of the electoral agency be determined by the Salaries and Remuneration Commission.

According to CIC, the section violates the Constitution. It states that the Salaries and Remuneration Commission sets the salaries and allowances of state officers.

CIC argues that the Commission has no authority to set the salaries of public officers.

“It only has the authority to advise the National and County governments on such salaries,” it says.

They suggested that Section 20 of the Act be amended to reflect this Constitutional requirement.