Scheme to block primaries losers from contesting as independent

Jubilee elections board meeting at the Bomas of Kenya in 2017 that turned chaotic. Aspirants were expected to elect officials that would oversee nominations in counties [Willis Awandu, Standard]

MPs are considering a fresh proposal to block losers in party primaries from running as independent candidates. The Independent Electoral and Boundaries Commission (IEBC) argues that aspirants who are defeated in nominations should be barred from resigning from their parties, just the same way party hopping has been outlawed.

Consequently, the commission, in its memorandum on the Elections (Amendment) Bill, 2022 has suggested adjustment to the electoral timeliness to eliminate the 10-day window that allows party nomination losers to register as independent candidates.

The commission made the submission when it appeared before the National Assembly’s Justice and Legal Affairs Committee (JLAC) that is considering the Bill, which, among others, seeks to introduce manual voter identification and result transmission as complimentary mechanism.

“We want to adjust the timeline that requires political parties to submit their membership lists within 120 days to the General Election. We want the deadline to be May 9 instead,” said IEBC Director of Legal Services Mr Chrispine Owiye.

“In this respect, the party and independent candidates would be cleared at the same time,” he said.

The commission argues that the proposal is meant to ensure equality in application of nomination timelines. “The way you deny a person from hopping from party A to party B, is the same way you should deny a candidate from hopping from a party to independent,” said Mr Owiye.

The proposal threatens to attract substantial opposition and trigger a major political battle on the floor of the National Assembly.

Yesterday a split emerged within the committee over the proposal.

Mandera West MP Mr Adan Yussuf backed the proposal, arguing that it would ensure equal application of the law. He said it would only be fair that losers in the nominations are not allowed to jump ship. “Period for party hopping or to run as independent candidate should be uniform. The time limit for both should be uniform,” said Mr Yussuf.

But Kisumu West MP Olago Aluoch expressed his opposition, arguing that some aspirants jump ship due to unfair nominations by political parties. “Within the Political Parties Act, that window exists. It should not be about the question of parties being hot at the nominations; it should be about fidelity of the parties to its members,” said Mr Aluoch.

“What should the aspirants do if the party is not fair in its nominations,” he posed.

Mr Aluoch says he has been a victim of manipulated party primaries. In 2013, he moved from ODM to Ford-Kenya after he was denied the party ticket for a parliamentary seat. He won against the ODM candidate in the parliamentary contest.

The proposal also has the backing of the Office of the Registrar of Political Parties (ORPP). Assistant Registrar of Political Parties Ali Abdullahi, while appearing before the MPs, said aspirants have to decide whether to be independent or party candidates.

Mr Abdullahi said political parties were better placed to enhance governance. “Governance is better done by political parties. Right now there is a window, but there is a proposal to close that window so that the same time parties are doing their nominations, independent candidates are filing their nomination papers,” he said.

Parties have in past held chaotic nominations, leaving many aspirants with no option but to seek tickets from other outfits or contest as independent candidates.

This led to the registration of briefcase political parties that sold nomination certificates on a first-come-first-served basis.

In the 2017 elections, allegations of rigging pushed some contestants to vie as independents. Some won against party nominees. For instance, Laikipia Governor Ndiritu Muriithi lost in the Jubilee primaries but won the seat during the elections. The Current National Assembly has 14 independent MPs.

Similarly, the ODM nominee lost the race for Kisumu East Constituency to Shakeel Shabbir, who ran as independent after losing the party ticket. ODM also lost the Nyali seat to Mohammed Ali, who ditched the party after the primaries.

Jubilee lost the Ainabkoi parliamentary seat to William Chepkut, who contested as independent, while Meru Woman Rep Kawira Mwangaza also won against a Jubilee candidate.

Others elected as independent include Charles Kilonzo (Yatta), Kipsengeret Koros (Sigowet/Soin), Mwambu Mabonga (Bumula), Peter Masara (Suna West), Kathuri Murungi (South Imenti), Patrick Musimba (Kibwezi West), John Mwirigi (Igembe South), Janet Jepkemboi (Turbo), Zadoc Ogutu (Bomachoge/Borabu).

MPs and the ORPP have raised concerns over Clause 5 of the Bill that seeks to amend Section 7 of the Act by providing that before a voter transfers registration, they have to provide proof of residence for at least 6 months as well as possess land or residence in the constituency.

MPs and ORPP said the clause seemingly seeks to address the issue of mass voter importation or suppression, but could end up disfranchising some voters.

The ORPP said the proposal needed amendment to cater for cases where people relocate over job losses. “You seem to have not done your homework well. You have identified a mischief but do not know how to cure it. The intention maybe to stop voter importation or suppression,” said Ruaraka MP Mr Tom Kajwang’.