Riddle of acting political parties registrar three years later

The continued presence of Ms Lucy Ndung’u as the acting Registrar of Political Parties more than three years since the Political Parties Act came into force is raising eyebrows as the country prepares for the next General Election in 2017.

Ms Ndung’u was the substantive holder of the office when it was created in 2007 but has been acting since 2011 after a new law came into force. She holds a powerful office that regulates political parties by ensuring they comply with their internal mechanisms and various legislations.

Even though key political actors have not put any pressure on the appointment of a substantive office holder, ODM secretary-general Ababu Namwamba said it was irregular for somebody to act in such an important position for so long.

“The office of the registrar is the focal point between political parties and other stakeholders. It is the preliminary stage before one gets to IEBC (Independent Electoral and Boundaries Commission), therefore it doesn’t make sense that the holder of such a critical office perpetually serves in acting capacity,” he said.

But he admitted that ODM, the single largest political party in the country, had not taken a position on the matter.

 “The ODM National Executive Committee will meet to take a position on the matter. My personal view, however, is that a person cannot remain in an acting capacity ad infinitum (indefinitely). It doesn’t engender confidence in either the office or the individual.”

Mr Namwamba added that it was in the best interests of political parties for Ms Ndung’u to either be confirmed or the position advertised.

United Democratic Forum (UDF) deputy secretary-general Petronilla Were said that being designated as an acting officer could expose the registrar to political manipulation. 

The Law Society of Kenya Chief Executive Officer Apollo Mboya, who has previously worked at the State Law Office, questioned the rationale behind allowing the senior officer to continue acting.  

“The public service code of regulations provides that one cannot act for more than six months. You are either appointed substantively to the office or the appointing authority needs to fill the position,” Mr Mboya told the Sunday Nation.

He said apart from filling the position, there was a need for fresh scrutiny of the entire election system in the wake of allegations that British company Smith and Ouzman bribed Kenyan election officials to secure a tender to print voting materials.

"CHICKEN"

The bribes were codenamed “Chicken” in some of the communications obtained by UK investigators and have led to the conviction of two senior managers of the printing company by a London court.

“As we enter 2015, which is just two years to the next elections, questions of the acting registrar of political parties and the ‘chickengate’ need to be addressed so that they do not come up on the eve of the General Election,” said Mr Mboya.

Ms Ndung’u, pictured, has in recent months been in the eye of the storm for not taking a clear stand on party-hopping, the latest incident being in the Homa Bay senatorial seat race where three aspirants —  Mr Philip Okundi, Mr Fred Rabongo and Mr Silas Jakakimba — defected from ODM after Mr Moses Kajwang’ was given the party’s ticket.

The battle for control of UDF pitting allies of party leader Musalia Mudavadi and the party chairman Hassan Osman also thrust her office into the limelight.

Attempts by the grand coalition government to fill the position substantively failed after Parliament’s Justice and Legal Affairs committee failed to reach an agreement on the appointment of a selection panel to lead the process.

Then Deputy Leader of Government Business Amos Kimunya had on November 2011 said the committee was riddled with political complexities that blocked the appointment of the selection panel. “The issue is complex; every time we think we have resolved it, something new always comes up,” he said.

Another attempt by the Public Service Commission to recruit the registrar and the assistant registrars in October 2012 was also cancelled after two civil society activists obtained temporary orders halting the recruitment.

Clause 34 of the amended Political Parties Act now provides that the President shall, within a period of not later than 110 days prior to the first General Election, or of the occurrence of a vacancy in the office of registrar or assistant registrar, and with the approval of the National Assembly, appoint a selection committee to recruit candidates.