Parties' disputes tribunal hands full at inception

By Stephen Makabila

SENIOR WRITER

After waiting for more than two years, the Political Parties Disputes Tribunal is finally in place.A section of disgruntled politicians have complained of harassment, outright rejection or dismissal from their political parties.

There have also been unresolved internal wrangles in major political parties. Last week, the three members of the tribunal were sworn-in by Chief Justice Evan Gicheru after they were appointed on December 17, last year.

Section 5 (2) of the Political Parties Act (No. 10 of 2007), of the Constitution, gives the CJ powers to appoint members of the tribunal and determine rules governing its work.

Mr Peter Simani chairs the tribunal with members being Mr Chacha Odera and the Reverend Jessie Mutura.

Justice Minister Mutula Kilonzo, Interim Independent Electoral Commission (IIEC) Chairman Ahmed Issack Hassan and Registrar of Political Parties Lucy Ndung’u witnessed the ceremony. Women lawyers are, however, questioning why a woman did not chair the tribunal.

"Political parties belong to both women and men. It is disturbing for the team to be made up of two men and not let the woman chair it," said Federation of Kenya Women Lawyers (Fida-Kenya) Chairperson Naomi Wagereka.

"The tribunal’s formation is, however timely, given the registrar has directed political parties to hold elections and there are going to be many realignments that may lead to disputes as we approach 2012," said Ford-People official, Dr Francis Opar.

Some party leaders and legal experts had, last year, called for fast-tracking the formation of the tribunal to contain wrangles in some of the 47 registered political parties.

Kanu Secretary General Nick Salat was among those calling for the tribunal. Ms Ndung’u had declared a dispute in Ford-Kenya last year, but nothing could move because the tribunal was not in place.

In a memo dated October 15, last year, Ndung’u directed parties to hold elections for officials whose terms had expired or risk deregistration.

Vacant positions

Party leaders were also asked to ensure public officers do not hold party positions. The new Constitution requires political parties to have democratically-elected governing bodies, and to abide by democratic principles of good governance, and promote democracy through regular and fair elections.

Among parties planning elections include ODM, Ford-Kenya and Ford-People. More parties are likely to follow suit, and possible fallouts will be the first challenges for the tribunal.

The tribunal is mandated to determine disputes between members of political parties or between members of a coalition of parties.

Another responsibility for the tribunal would be to hear appeals against decisions made by the Registrar of Political Parties. The three members will serve for a period of five years and are likely to handle party disputes surrounding the 2012 succession politics.

The Political Parties Act requires the chair of the tribunal to be qualified as a judge of the High Court, while the other two members must be people "of high moral standing and integrity, one of whom shall be an advocate of the High Court of five years standing".

The tribunal shall determine any dispute brought before it within a period of three months.