Political parties’ dilemma as compliance deadline beckons

By STEPHEN MAKABILA

A day to the April 30 deadline set for parties to comply with the Political Parties Act, several political outfits are yet to secure registration. At the close of the week, 16 political parties had been issued with registration certificates, while 24 had their applications undergoing verification. Close to 10 parties had not submitted documents.

Registrar of Political Parties Lucy Ndung’u told The Standard On Sunday doors were not closed even on the last day (tomorrow), but extension was out of the deadline question.

"Those whose applications are already would be issued with certificates even beyond April 30 after conclusion of the verification process. But no more applications would be allowed after the official deadline," said Ndung’u.

Among parties to have complied are ODM, Wiper Democratic Movement, PNU and Narc-Kenya.

Tough ballgame

Chairman of the Centre for Multi-Party and Democracy Justin Muturi predicts many political parties may close shop for failing to maintain their status of full compliance.

"Complying is one thing but maintaining compliance status is a different ballgame altogether and many may lose registration within the first one year," added Muturi. The initial hurdles were compliance anomalies and Ndung’u had warned parties found to have registered members without their consent using technologies such as M-Pesa, could face deregistration.

According to the Act, registered political parties are supposed to be corporate entities.

Parties are supposed to, within 60 days after being issued with certificates of full registration, submit to the registrar a written declaration giving details of all assets and expenditures, including all contributions or donations whether in cash or kind.

Received by registrar

The declaration has to be published in the Kenya Gazette within 30 days of having been received by the Registrar. Parties that fail to comply risk deregistration.

Under the Act, an individual is not supposed to fund the party beyond 5 per cent of its total expenditure.

Funds from the State are only meant for purposes compatible with democracy and accounts of each registered political party will be audited annually by the Auditor-General.

Another daunting task is that political parties will have to maintain accurate and authentic record of members’ register, party constitution, policies and plans, expenditure estimates, particulars of contributions and donations at their head office county offices.

Muturi says parties must make recruitment a continous process to avoid falling below the 1,000-member threshold in at least 24 counties.

"Maintaining functional branch offices is not also easy. The offices have to be truly functional because they are funded by taxpayer money," added Muturi.

Labour Party of Kenya leader Julia Ojiambo says parties will require high-level discipline to survive the stringent conditions.

"For my party, we are focused and equal to the task. There is no time to sit back because we have to strengthen it to leave a mark in the coming elections," added Ojiambo.

The Registrar can also deregister a party if it contravenes the provisions of Article 91 of the Constitution, fails to promote free and fair nomination of candidates, does not respect national values and principles of the Constitution and has participated in an electoral offence. The new Constitution further provides for either a coalition of parties or a merger of parties before or after an election.

Two or more parties can enter a coalition before elections by depositing the coalition agreement to the Registrar three months to an election date.

Two or more political partiers can also enter a merger, and the merger agreement deposited with the Registrar after 21 days of its signing. The merged parties stand dissolved after registration of the new party.

Major political realignments are expected after the April 30 deadline, and already, some of the parties awaiting issuance of registration certificates are scouting for those to enter pre-election alliances with.

Among some of the parties that have indicated they are open to pre-election alliances include Democratic Party, Ford-People, Labour Party of Kenya, Ford-Kenya, United Republican Party and Narc.

"Most of the parties that are likely to comply cannot stand on their own in competitive politics because they are ethnic-based, which means they have to join others to remain relevant," says political scientist Frank Matanga.

Yet to apply for compliance

42 Ford-Asili

43 Party of Hope

44 Sisi Kwa Sisi

45 AFORD-Kenya

46 Kenya National Democratic Alliance

47 Kenya African Democratic Development Union

48 Farmers Party

49 Federal Party of Kenya

50 VIPA Progressive Alliance