Reality of new laws dawns on MPs as elections near

The reality of the Political Parties Act and new Constitution is beginning to hit home for politicians as they struggle to gain grassroots support ahead of next year’s elections.

Since independence, ministers, MPs and councillors have been holding party positions, which gave them a lot of power at the grassroots and enabled them to easily influence nominations to elective positions.

But now, the Registrar of Political Parties has clarified that since councillors, MPs, assistant ministers and Cabinet ministers are State officers, they are barred from holding party positions, according to the provisions of the Parties Act and Constitution.

The clarification

The Registrar, Ms Lucy Ndung’u, made the clarification on the advice of the Commission for the Implementation of the Constitution’s chairman Charles Nyachae. On May 19, Mr Nyachae had stated that ministers and MPs should not vie for posts in the pending party elections.

“No appointed State officer should offer themselves for election unless they intend to forfeit the State office,” he said.

ODM has however disputed the explanation and sought the Attorney-General’s interpretation before it proceeds with its grassroots elections, arguing that elected officials play an important role in the running of ODM.

Speaking to the Sunday Nation, Nairobi lawyer-cum-political analyst John Waiganjo welcomed the changes the new law would usher in.

“Elected leaders will now not be able to manipulate nominations from the grassroots. In the Kanu days, officials were stooges of key individuals. Also, the law will further reduce the corruption that characterised elections,” Mr Waiganjo said.

The new laws would make political parties main focus shift directly to voters rather than personalities and make politics competitive and ideology-based, ensuring candidates win on merit and enjoy the support of voters.

The blocking of State officials from holding party positions will also reduce the hindrances facing aspirants and encourage many more people to vie for positions as there would be little influence from party bigwigs.

Party positions

Many politicians had hoped that the new laws that bar State officers from holding party positions would be implemented after the 2012 elections.

The tough position taken by Mr Nyachae  could see ministers and assistant ministers lose their powerful party positions.

ODM deputy leader Musalia Mudavadi has argued that the Registrar of Political Parties’ position contradicts “correct interpretation of Article 77 (2) of the Constitution read in the context of the transitional clauses”.

However, Mr Nyachae maintains that whereas politicians could interpret the word “appoint” differently so as to continue holding party positions, the facts are well explained in the Constitution.

He warned that those who insisted on holding party posts risked being dismissed.

On Friday, ODM announced it would once again postpone its elections, which had been scheduled to take place between June 3 and June 6, “until further notice”. This, Mr Mudavadi said, was to allow the AG time to give a correct interpretation of the law on party positions.

ODM had hoped to use the elections to streamline the party and replace rebel MPs in readiness for the 2012 elections.

Separately, minister for Cooperative Development Joseph Nyaga urged members of civil society and the public to exert pressure on the government and MPs to fast-track the implementation of the new Constitution.

“There are some negative signs among some of my colleagues in Cabinet  and fellow  MPs who are putting obstacles in the implementation of the new Constitution; the only way out is for the public to put pressure,” he said, speaking at a government function in Machakos.

Mr Nyaga said the problem with politicians is that they enjoy the status quo.

“I belong to this clique of leaders who enjoy things the way they are. If  you don’t push us things will keep round in circles,” he warned.