Mad rush for party hoppers with just hours to midnight deadline

ODM leader and Azimio la Umoja Presidential candidate Raila Odinga (right) welcomes Kajiado Governor Joseph Ole Lenku to the ODM party at Chungwa house, Nairobi. [Elvis Ogina, Standard]

It is a last-minute dash for politicians still uncertain of parties to use in the August 9 General Election as only hours remain before the party-hopping window closes today at midnight.

Thousands of national and county assembly members, governors, senators, woman representative aspirants across the country have shifted allegiance from one political party to another in the last few months and the March 26th deadline lapses at 12am. Registrar of Political Parties Anne Nderitu said the midnight deadline was final for those eyeing elective seats and there would be no extension.

“We will not have any extension. Immediately after the deadline, we will begin a seven-day validation process and clean the list before we give each party their membership list to use when preparing the nomination process,” said Ms Nderitu.

During the validation, the Registrar of Political Parties office will ensure no one is double registered in more than one party. Yesterday, a number of politicians including a governor, a deputy governor, former senators and former MPs were among the defected in political realignments that capture an attempt for the aspirants to find a better vehicle.

Big harvest for UDA

Narok Governor Samuel Tunai, who was elected on President Uhuru Kenyatta’s recently revamped Jubilee Party yesterday ditched it and joined Deputy President William Ruto’s United Democratic Alliance. Tunai will be vying for Narok senate seat after completing his two terms as governor. During the same time, Ruto dressed the yellow cap to Wajir deputy governor Ali Muktar and a host of leaders from the county including Nominated MP Nasri Sahal Ibrahim, former Senator Abdirahman Ali Hassan, chairman of the Ogaden Supreme Council Ahmed Hussein and several elders.

The defections are part of Ruto’s assault in the Northern Frontier District after he welcomed former Tana River governor Hussein Dado and 14 MCAs. Uhuru’s party was also cashing in on politicians looking for a train to victory. Former Kitui Senator David Musila and one-time Ruiru MP Esther Gathogo joined Jubilee to vie for Kitui governorship and Ruiru MP seat respectively.

Already, over 130 members of the National Assembly, 20 governors, 23 senators, 25 woman representatives have switched parties in the last six months and it is not clear if more could still realign before midnight. After midnight, parties will have the next one month until April 26th to do primaries. There had been a move by Jubilee to have leaders who have defected from the once monolithic party lose their seats, but a court in Nakuru and National Assembly Speaker Justin Muturi gave them a reprieve.

According to the Constitution, Article 103, a member of a political party, is deemed to have quit his or her party if they form another party, join formation of another outfit, join another political party, in any way or manner publicly advocate the formation of another party, or promote the ideology, interests or policies of another party. But High Court Judge Joel Ngugi ordered speakers of all county assemblies not to declare seats of ward representatives who switched parties vacant, following an application by Kabazi Ward MCA Peter Mbae.

Mr Mbae moved to court to save the MCAs from losing their seats once they resign from their parties. He noted that speakers are required to declare seats vacant on the final date set by the Independent Electoral and Boundaries Commission (IEBC) for verification and closure of party membership registers for purposes of the General Election scheduled for August 9. Justice Ngugi referred the petition filed on February 25 to Chief Justice Martha Koome so she can assign judges to hear and determine it.

Following the ruling, Muturi on Tuesday said the MPs will not lose their seats. IEBC commissioner Irene Masit said the matter was a grey area in law as it is expected that persons should be given an opportunity to realign their choices ahead of the next General election. She said the new constitutional dispensation did away with dissolution of Parliament which previously guided on time upon which elected persons were expected to vacate office to participate in the forthcoming elections.

“Without this provision, it, therefore, follows that the implication now is that they continue to serve in office until the next general election. The term of the relevant houses is yet to come to an end...Article 103(1), (f) provides that the Office of a member of parliament also becomes vacant at the end of the term of the relevant house,” said Ms Masit.

Article 102 provides that the term of each house of parliament expires on date of the next general election.

“The Commission gazette the Election Notice that prescribes among others the date of submission of party membership lists to the Commission being by 9th April 2022....The question that then emerges is when those intending to vie in other parties for purposes of the 2022 GE should resign from their respective parties?” she said.

Meanwhile, RPP has begun gazettement of national party officials for all the over 50 parties that have completed their National Delegates Conference. In a gazette notice on Thursday, the names of six political parties’ officials were published just 24 hours before the window period for party-hopping closes.

According to the notice, President Uhuru Kenyatta remains the party leader of Jubilee Party, deputised by Jimmy Angwenyi (Strategy), Kinoti Gatobu (Operations) Naomi Shabaan (Outreach) and Peter Mositet (Programmes). Nelson Dzuya was gazetted as the party’s National Chairperson, David Murathe as the Vice-Chairperson, and Jeremiah Kioni as Secretary-General. Joshua Kuttuny was listed as the Deputy Secretary-General.

Party officials

The Democratic Action Party (DAP)-Kenya led by Wafula Wamunyinyi also gazetted its officials. David Simiyu Muchele was gazetted as the National Chairperson while Reginalda Nakhumicha Wanyonyi was listed as the first National Deputy Chairperson. Bernard Wanjala Masanja is the National Secretary-General and Edel Fuchak the Deputy National Secretary-General.  

The party has also gazetted its official Physical Location of the Head Office as Chui House, Kilimani Road from the earlier Yulin Annex, Webuye, Bungoma County. Under the National Democracy Expansion Party (NDEP) party, the registrar of political parties listed Najma Wavuwa Nyambu as the second Deputy Chairperson, Dennis Owuor Ochanda as the Secretary for Political Affairs and Loisa Adhiambo Oduor as Secretary for ICT and Innovation.

“… the Registrar of Political Parties gives notice that FORD party intends to change its party name from the Forum for Republican Democracy (FORD) to the Forum for Republican Democracy –Asili (Ford Asili),” further read the notice.

The RPP further gazetted changes in the Party for Peace and Democracy (PPD). Kevin Kiriinya was gazetted as the new Official Deputy Secretary-General replacing Elijah Kalungani. Muturi Kirimi is the new Deputy National Chairperson (Operations and Programmes) replacing Charles Gichira.    

Peter Nyaga was gazetted as the National Treasurer replacing Hesborn Birisi. Fidella Ngugi was listed as the Deputy National Treasurer taking over from Mathew Kipkoech.  

The new Deputy Organising Secretary (Strategy) was listed as Tracy Ann Wangui who replaced Edra Mbatha Kavathi. At the same time, the Wiper Democratic Movement announced that it intends to amend its party constitution. This comes just days after National Assembly Speaker Justin Muturu ruled out declaring as vacant seats of MPs who have ditched their sponsor parties.

The law requires political parties to submit party membership lists to the ORPP by March 26, at least 14 days before submission of the lists to the IEBC.