Opinion divided on whether elected officials should hold party positions
Confusion continues to shroud the interpretation of the section of the Constitution that bars state officers from holding political party positions.
It has also emerged that some political parties are not willing to hold elections in line with the Constitution as most MPs fear losing their political clout ahead of next year’s General Election.
Some politicians, especially MPs, do not want to relinquish their party positions.
Article 77(2) bars appointed state officers from holding political party positions. But it is the word “appointed” that has drawn all the controversy, with MPs arguing that they are elected.
Cannot hold positions
The registrar of political parties Ms Lucy Ndung’u and Commission for the Implementation of the Constitution chairman Charles Nyachae have insisted that MPs are state officers and therefore they cannot hold party positions.
Their argument is supported by Centre for Multi-party Democracy chairman Mr Justin Muturi, who argues that the article must be read together with Article 260, which defines a state office is and a state officer.
“People are focusing too much on Article 77, but it must be accompanied by an interpretation of Article 260. What people must understand is that it is not about the method through which one gets to the position – whether election or appointment – but the fact that you hold that position,” Mr Muturi told the Sunday Nation.
But PNU secretary-general George Nyamweya argues that one “cannot term a representative of the people who has been elected as appointed”.
Also holding a similar view is DP organising secretary Mr Jacob Haji, who supports Prime Minister Raila Odinga’s call on the Supreme Court to make an interpretation of the issue.
“By virtue of being elected, MPs hold the political mandate of the people and therefore they should not be barred from holding political party positions as it is the same parties that they do represent while in Parliament,” Mr Haji said.
Justice and Constitutional Affairs minister Mutula Kilonzo, who is the ODM-Kenya secretary-general, has vowed not to quit his position.
Mr Kilonzo has previously argued current ministers were serving under the old constitution and should therefore continue holding party positions.
Political analyst James Simekha says the provision in Article 77 was deliberately crafted to insulate the public from political machinations that have often held the country hostage at the expense of critical issues of governance.
Civil society groups have threatened to move to court if ministers and MPs do not relinquish their party positions. The International Centre for Conflict and Peace (ICPC) director Ndung’u Wainaina said the civil society under the Kenyans For Peace with Truth and Justice will go to court on Tuesday should the state officers fail to vacate political party positions.
Kenya National Commission on Human Rights chairperson Ms Florence Jaoko also asked MPs to obey the Constitution and give up party offices.
Mr Muturi, who is also the Kanu organising secretary, said sitting MPs are always afraid of party elections, especially at such timing when the country is preparing to go for a General Election.
His sentiments are shared by Mr Nyamweya, who argues that holding party positions boosts the political clout and bargaining power of ministers who run political parties. This, he says, is why they are unwilling to surrender those offices.
Some of the parties that are set to hold elections in the coming months include DP and Kanu while architects of the PNU Alliance also say they are consulting within the G7 grouping to see how to hold elections.
According to Mr Haji, DP has been forced to postpone its elections as they await the new Political Parties Bill, which is to be tabled in Parliament when MPs return from their break.
Kanu, which has been embroiled in a leadership tussle since before the last General Election, is also set to go to elections.
In an advertisement elsewhere in this newspaper, secretary-general Justin Muturi says a members recruitment drive begins on July 1.
Ford-Kenya held its elections earlier this year, and Sirisia MP Moses Wetang’ula was elected party leader.
Labour minister John Munyes is the party chairman while Kimilili MP Eseli Simiyu is the secretary-general. All three fall within the definition of state officer.
Mr Wetang’ula argues that those holding positions in political parties is not in breach of the Constitution.
“We are operating within the old and new constitutions and that’s why we have transitional clauses. Some of those giving views have no business interpreting the Constitution,” he said.
Apart from ministers and MPs, parastatal chiefs and civil servants are also barred by the Constitution from holding party positions.
Mr Muturi says those who have already been elected party officials should not celebrate or hide under the cover of the transitional clauses.
