New plan to lock out party hoppers

Registrar of Political Parties Lucy Ndung’u and IEBC chairman Wafula Chebukati during a meeting with political party leaders at Laico Regency in Nairobi last year. PHOTO | FILE | NATION MEDIA GROUP

What you need to know:

  • Article 85 of the Constitution states that any person is eligible to vie as an independent candidate if the person is not a member of a registered political party
  • Already, there are murmurs among members of the House committee over the proposal to lock out such aspirants.

Aspirants who lose in party primaries and seek to contest as independent candidates may soon be locked out if a report by a task force set up by the Registrar of Political Parties is adopted by Parliament.

The registrar wants to seal loopholes in the law that gives room for nomination losers to vie as independent candidates.

The task force comprises representatives from the Kenya Law Reform Commission, the Senate and the National Assembly, National Gender and Equality Commission, civil society, Independent Electoral and Boundaries Commission and the Office of the Registrar of Political Parties.

Appearing before the National Assembly Committee on Delegated Legislation chaired by Uasin Gishu Woman Representative Gladys Shollei, Registrar of Political Parties Lucy Ndung’u told the MPs that the proposal was meant to enhance party discipline.

SMALL LOOPHOLE

“There is normally a small loophole used by those who have been defeated in the nominations to go ahead and participate in the main election as independent candidates. We have formed a task force to review the law and make a comprehensive report on how we can amend the law to seal the inconsistency of the 90 and the 120 days stipulated in the law,” Ms Ndung’u said.

Article 85 of the Constitution states that any person is eligible to vie as an independent candidate if the person is not a member of a registered political party or has not been a member for at least three months before the date of the election.

With the adjustment to the Election (Amendment) Laws 2017, the period for submission of party candidates list for gazettement is 120 days to the polls, which means those aggrieved by the outcome of the primaries can contest as independent candidates.

The task force will also come up with measures to tackle those who are nominated by a party then later change allegiance to a rival party. Ms Ndung’u said the practice is rife among MCAs.

MURMURS
The proposal is likely to cause a storm among politicians who like to party-hop after nominations.

Already, there are murmurs among members of the House committee over the proposal to lock out such aspirants.

The MPs blamed shambolic nominations for the party-hoping culture and asked the registrar to focus on how the primaries can be conducted in a fair manner.

“Our main problem is the party primaries. We have seen candidates resigning from parties and going on to become independent and finally win in the General Election, meaning that the problem is not with the person, but with the way our nominations are conducted,” said National Assembly Deputy Minority Leader Robert Mbui.
Ms Shollei said that many politicians have no regard for democratic principles.

“We are a laughing stock globally when it comes to party ideologies. In Kenya, parties mean nothing to the politicians. They only use a party as a vehicle to get to office. We must address this issue of party-hoping,” she said.