Coalitions law to change polls conduct

Parliament sat late into the night on Wednesday to pass the Political Parties (Amendment) Bill which, if endorsed by Senate and the President, is set to alter the conduct of the August General Election. 

After acrimonious debate and voting, MPs supporting amendments sponsored by President Uhuru Kenyatta and ODM leader Raila Odinga’s Handshake side carried the day. 

Their biggest victory was, perhaps, pushing through an amendment allowing formation of coalition political parties to contest as single entities in elections.

This means that Raila would most likely contest as the Azimio presidential candidate in August, enjoying support of all parties that support his State House bid.

Changes also bar aspirants for various seats in a coalition political party from defecting to other outfits within the alliance if they lose during party primaries, if the proposed law is enacted.

Bill, which will be discussed by the Senate on Tuesday, states that the coalition party can only field a presidential candidate in a General Election.

This means that while affiliate parties may field candidates for other seats, they cannot sponsor a candidate for State House.

Should the amendments be enacted into law, aspirants for governorship, senate, MPs and Ward Reps will not vie on a coalition ticket.

Clause 8(3A) states: “A coalition political party shall only field candidates for election as President.”

Another key development is the amendment reducing the time a coalition can deposit its instruments with the Registrar of Political Parties from six to four months.

Former Majority Leader Aden Duale had wanted expulsion of a clause setting the timelines for coalition-making, arguing that there should be no timelines for parties to form coalitions.

Certain individual

“Why rush parties into coalitions, we should not be sitting here to make laws to favour a certain individual, this is deceit and conmanship,” Duale had protested.

This opens the doors for Uhuru and Raila to register Azimio La Umoja Movement as a coalition and clear the way for it to field a candidate in the August polls.

 United Democratic Alliance (UDA) team also lost a bid to strike out provisions aimed at taming party hoping.

Lawmakers lost a bid to amend the clause defining what actions constitute resignation from a party with the Registrar of Political Parties(RPP) given a wide mandate to make a determination on the matter.

Under the proposed amendments, resignation and expulsion of an elected leader from a political party essentially means that one will have been deemed to have lost his seat thus creating room for a by-election.

Another significant change is the transfer of the management of party nominations from the Electoral and Boundaries Commission (IEBC) to RPP.

Amendments to oppose the changes filed by UDA allied MPs namely, Aden Duale (Garissa Township), Alice Wahome (Kandara), Sylvanus Osoro (South Mugirango), Sakwa Bunyasi (Nambale) and Dido Raso (Saku) were all defeated.

Party nominations

Leader of Majority Amos Kimunya had defended the proposal to have the Registrar of Political Parties manage party nominations, arguing that by doing so the process will be more organised and free from interference.

 Clause 22 of the Bill states: “ The Registrar may make regulations relating to party nominations and for the better carrying into effect the provisions of this part.”

Wahome said the Registrar should not encroach on the role of the polls agency to manage nominations.

“By giving the Registrar sweeping powers to manage nominations we will be installing an imperial Registrar of  Political  Parties who will take up some roles from IEBC and also manage party nominations,” warned Wahome. 

 “This Bill seeks to transfer functions of IEBC to the Registrar of Political Parties,” Raso had protested.

If the Bill goes through the Senate and President Kenyatta assents it, all political parties will have to present their registers to the Registrar who will organise and manage nominations.