Parliament urged to reject Bill allowing president to recruit opposition leaders
Despite being a product of the National Dialogue Committee (NADCO) report adopted by Parliament in February 2024, it contradicts the report’s recommendation to uphold party discipline in nurturing political parties.
Parliament has been urged to reject a proposed law that would allow the president to freely recruit members of opposition parties, including elected leaders, without facing any sanctions.
The Coalition Political Parties for Justice (CPJ) has voiced strong opposition to the Political Parties (Amendment) Bill 2024, currently before the Senate. The group warns that the Bill threatens to undermine Kenya’s multiparty democracy.
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“We in CPJ strongly oppose this Bill as it will allow party members, including elected leaders, to promote the ideologies and interests of rival parties,” CPJ Executive Director Amos Nyasani said.
Clause 6 of the Bill seeks to amend the Political Parties Act by repealing Section 14A, which outlines circumstances under which a member is deemed to have resigned from a political party.
According to the current law, a member resigns if they form or join another party, publicly advocate for the formation of another party, or promote the ideology, interests, or policies of another party.
“This Bill aspires to reduce political parties to vehicles of convenience where members will use them for expediency and abandon them when their interests come calling, effectively diluting the concept of party discipline, the cornerstone of the country’s multiparty democracy,” Nyasani added.
The Bill is sponsored by President William Ruto’s Kenya Kwanza coalition and Raila Odinga’s Azimio coalition through Senate Majority Leader Aaron Cheruiyot and Minority Leader Stewarts Madzayo.
NADCO contradiction
Despite being a product of the National Dialogue Committee (NADCO) report adopted by Parliament in February 2024, it contradicts the report’s recommendation to uphold party discipline in nurturing political parties.
If passed, the Bill would allow leaders like National Assembly Majority Leader Kimani Ichung’wah to freely support and propagate the interests of rival parties. This has drawn criticism from the Azimio coalition, which had previously submitted proposals to Nadco advocating for stricter party discipline.
Azimio’s proposals included constitutional amendments to compel elected leaders who switch parties to seek a fresh mandate from the electorate. They also sought to limit court processes on such disputes to 60 days and to amend the law to force parliamentary and county assembly speakers to act on party expulsions within 14 days.
In submissions to Nadco, legal experts and political leaders echoed these concerns. Former Attorney-General Amos Wako called for measures to promote loyalty to sponsoring parties.
“If an elected representative advances the interests of another party, he or she shall be deemed to have resigned from the party that sponsored them and should seek a fresh mandate from the electorate,” he argued.
The NADCO report recommended amending the constitution to entrench multiparty democracy and ensure party discipline by defining procedures for the resignation or deregistration of party members. The report also proposed provisions allowing pre- or post-election coalition agreements to strengthen party alliances.
Azimio leader Raila Odinga had earlier emphasised the need to combat what he termed “political party prostitution” by strengthening the deeming principle in the Political Parties Act.
Attorney-General emeritus Prof Githu Muigai further noted that MPs must remain loyal to their sponsoring parties throughout their term.
“If one disassociates from the party, they should seek a fresh mandate from the people,” he said.
The contentious Bill now awaits further debate in the Senate, with civil society groups urging lawmakers to protect the integrity of Kenya’s political system.
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