Bill to replace Registrar of Political Parties raises concerns over regulatory powers
The Registrar of Political Parties Anne Nderitu, has warned that the proposed change is “fundamentally flawed” and could disrupt the effective regulation and operations of political parties.
The government’s intended move to replace the Office of the Registrar of Political Parties (ORPP) with an Independent Political Parties Regulatory Commission (IPPRC) has raised serious concerns among political stakeholders and experts.
The Registrar of Political Parties Anne Nderitu, has warned that the proposed change is “fundamentally flawed” and could disrupt the effective regulation and operations of political parties.
The proposed change is part of the Political Parties (Amendment) Bill 2024, which is currently before Parliament.
The Bill, formulated by the National Dialogue Committee (NADCO) established by the government, is designed to address electoral reforms in response to the violent protests that followed the August 2022 elections.
The Bill is backed by representatives of President William Ruto and former Prime Minister Raila Odinga.
Speaking on Thursday, Nderitu highlighted that the proposals in the Bill contradict the recommendations made by stakeholders during the NADCO process, and called for a revision of the Bill before it is passed into law.
“The Bill proposes a regulatory commission without the regulatory function. It seeks to do away with the regulatory function as currently provided but without deleting regulatory activities. This is a contradiction and a recipe for chaos as there shall be no basis for regulating political parties,” she said.
The Bill, introduced by Senate Majority Leader Aaron Cheruiyot (Kericho) and his minority counterpart Stewart Madzayo (Kilifi), has also raised concerns over its lack of transitional provisions for political parties and the ORPP.
No clear guidelines
The absence of clear guidelines on whether political parties will need to re-register, as was required when the Political Parties Act of 2007 came into force, has added to the confusion.
Further, Nderitu pointed out that the Bill does not include transitional clauses for the staff, assets, liabilities, or obligations of the ORPP, leaving their fate uncertain.
“If enacted in its current form, the staff attached to the ORPP will lose their jobs, and the fate of the office’s assets and rights is unclear,” she added.
The Bill also does not address the security of tenure for the registrar and assistant registrars of political parties, a key feature under the current law.
One of the Bill’s major flaws, according to Nderitu, is its failure to ensure that the proposed commission would have the necessary regulatory powers.
“The Bill seeks to create a regulatory commission without it having the regulatory powers, which leaves the question of how the commission will regulate political parties,” she said.
Additionally, the Bill’s provisions regarding the recruitment of commissioners have also raised concerns. The five commissioners proposed by the Bill would include four nominated by the majority and minority coalitions, while the fifth would be appointed by the Parliamentary Service Commission (PSC).
However, Nderitu pointed out that the Bill fails to define what constitutes a “non-parliamentary party,” raising doubts about the commission’s ability to make independent decisions, potentially leading to political instability.
The Bill also omits any amendments to Section 36 and the Sixth Schedule of the Political Parties Act, which currently outlines the recruitment process for the Registrar and assistant registrars. Further, it fails to establish the regulatory commission as a body corporate with perpetual succession or provide sources of funding, unlike the existing system where funding is clearly defined.
Of particular concern is the proposal that the regulatory commission would be tasked with overseeing party nominations without corresponding amendments to Article 88(4) of the Constitution, which designates the Independent Electoral and Boundaries Commission (IEBC) as the body responsible for regulating party nominations.
Nderitu called for urgent revision of the Bill to avoid potential chaos and instability in the political landscape.
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