Sunday, April 15, 2007

Political Bill is long overdue





Omar A Ali,
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It is a given that a political party is a grouping and or a legitimate gathering of “patriotic or nationalist” citizens with entrenched conviction to do good for all citizenry, and having common cause, and purpose. From one school of thought, such a gathering usually involves citizens with conscience and shared vision necessary to move their respective countries forward.
It is no secret that in Kenya, political parties are usually vehicles used by our politicians to advance their political careers. Kenya’s political parties have seldom belonged to the masses but to the individuals who register them

This includes all political parties in the country, from veterans such as Kanu, Narc, Ford Kenya, Ford People, Shirikisho Party, Sisi Kwa Sisi and several other new players in the game such as Narc Kenya and Orange Democratic Movement — Kenya. Many would remember former President Daniel arap Moi acknowledging these types of ‘ownerships’ when he publicly said Kanu has its owners (iko na wenyewe).

The tribulations facing our existing parliamentary political parties and the political arena in general has more to do with the fact that there exists no specific law governing the running and or management of political parties. The absence of such a law results the nonexistence of internal political parties’ democracies and self-governances.
I can speak for the majority of Kenyans who are very pleased that the Government has kept its word and has since tabled the much awaited Political Parties Bill 2007 in Parliament for legislation. Like majority of my compatriots, I have not seen the Bill in its entirely, but if what I have so far read in the media regarding this Bill’s provisions is anything to go by, then I concur with those (provisions) that the media has opted to highlight.

For instance, the threshold where political parties must garner five per cent of the national vote in the national election or faces deregistration may appear harsh on the face value. But there is a compelling need for tough provisos to help clean up the political system. My take is that, if a political party cannot garner the hypothetical 655,000 votes (from the 13 million registered voters) in a general election, then those political parties are not worth being considered as such from any stretch of imagination.

The country has over 85 registered political parties. The simplicity and ease in pre-requisite when it comes to political party registration is really as easy as a,b,c... or 1,2,3... If I were to decide to take a flight to Nairobi next week and choose to register a political party, the only hindrance I would probably face would only be if the potential party would have a controversial religious and or regional name or connotation. But other than that, it is a smooth path all the way into the registration process. For instance, I know of a Maryland (USA) based university professor who has ‘his own’ political party waiting in the wings for the General Election. Having 85 or so political parties in a country where there have been only three presidents since independence is insane, to put it mildly.

I don’t want to be seen to be singling people out, but the fact remains that individual politicians such as the Kabete MP Paul Muite, former Changamwe legislator and trade unionist Kennedy Kiliku, and Dr Julia Ojiambo all have their ‘own’ political parties that are in fact their personal properties. No one can ever take away Safina from Muite or Labour Party of Kenya from Kiliku and on it goes. These are supposedly “politically” household names but if “their political parties” cannot garner less than a million votes then it is not worth for their political parties to exist at all. Period.

I am of the same opinion with the Political Parties Bill drafters that political parties ought to disclose all their assets and expenditure, including all contributions and donations. This will help avoid some individuals from using political parties as their corrupt way of milking the unsuspecting public for their hard earned donations. In addition, again I totally agree with the Bill where it stipulates that political parties’ officials who fail to disclose or give false information about funds obtained by their respective party’s will be convicted for the offence. Those convicted of these offences must first repay the monies and face mandatory jail sentences.
The Bill notes in part: “No person shall, in one year, contribute to a political party an amount in cash or kind, exceeding one million shillings, any amount in excess shall be forfeited to the State,” I think this is more than sufficient. The wording I happen to disagree with in the Bill is where it gives the newly created position of the Registrar of Parties the powers and sole discretion to allow anyone to contribute more than the stipulated amount. What was Justice a Constitutional Affairs Minister Martha Karua and the Bill drafters thinking by inserting such a proviso? Kenya’s legislation is not mature enough to even try to think and give sole power to one individual.

A number of stake holders in the political arena are opposed to some specific provisions of the Political Parties Bill because they know it would affect them personally. These stakeholders who includes current and former legislators claim that if the Bill is passed in its present form it would stifle democracy rather than enhancing it.
It seems me that, the rules for parliamentary aspirants in certain political parties are tougher than the rules to register a political party. Here is what I mean. Take, for instance, the Magarini constituency by-election, probably the last by-election before the general election, the Narc Kenya’s party aspirants for Magarini will need to pay a Sh10, 000 nomination fees and in addition produce a list of 200 registered supporters.

The Narc-K rules (and perhaps similar ones from ODM Kenya) are tougher than those applied to the registrations of political parties. This is insane if you ask me. We have a situation where Every Dick ,Tom and Harry can register a political party, but not every Dick, Tom and Harry can even try to become a parliamentary candidate. I think the Registrar of Societies (the current registrar of political parties) only needs an application, three or four individuals with identity cards, Sh 3,000 and a physical address for ‘their political party’ without having to produce any evidence of grassroots’ political support whatsoever.
It is because of lack of regulations that we find, ODM-K presidential candidates making unilateral decisions when it comes to the mode of nominations. And when it comes to Narc-K there are two groupings, one group with the view and the stand that the party conducts internal party elections and the other strongly opposing such a move.
The absence of regulations is the reason why ruling party Narc never conducted internal elections. Narc has ruled Kenya for more than four years now with interim officials who have remained in the same status since the party was formed. The party has no ‘party structures’.
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For Kenyans in the Diaspora, the ability to vote or not in the coming general election is the sixty million dollar question. This subject has generated interest from majority of the Kenyans in the Diaspora who want to be able to vote in the General Election without having to travel home.
It would be an admirable thing indeed to have these “disfranchised” Kenyans get a chance to vote in this year’s Election. These Kenyans contribute immensely in sustaining the county’s economy by way of sending the much needed foreign exchange currencies through their remittances to their respective families and friends to the tune of Sh 34 billion, according to an Assistant Minister for African Affairs, Kembi Gatura.

The way I see it is that the only election these Kenyans could be made to participate in is the presidential contest only. I say this because it would be impossible for them to vote for the parliamentary and civic seats where their votes would to be counted for the 210 constituencies.

Logistically it would be unworkable to have their votes counted for their respective Parliamentary and Civic candidates because then the ballots would have to be transported to their respective constituencies for counting. In some instances there could fewer than 20 ballots and in some cases maybe only one. If we are to count the ballot for Kamkunji, and Kisauni, we should also count the ballot for Mandera, Marsbit and Moyale. If the Opposition leaders such Raila Odinga, the Gachoka MP Joe Nyagah and others are serious when it comes to this issue and are not talking to please their supporters in the Diaspora, then there is a compelling need for them to act on it. They have to come up with the legislation sooner rather than later so the National Assembly is able to legislate and if agreed, enact a law before the general election to make it possible for the ‘Diasporan Kenyans’ to vote in the presidential election at the very least.
The Opposition politicians are claiming that it is the Mwai Kibaki Government that is denying Kenyans in the Diaspora the chance to vote and cleverly seeking sympathy from the Diaspora community. At the very least there should be an effort even if temporary enact a law which would make it possible for Kenyans to vote in the presidential election at their nearest embassies four weeks before the general election.

Any Kenyan who is a resident of any foreign country, even those within the East African region happen to be very smart and intelligent where he or she can eke a living outside their homeland and as such they are clever enough not be easily duped by the politicians’ political games or ploys.

I am one of those who want to vote in the coming Election. And as a registered voter, I know for a fact that I will have travel to Kenya during the Election because I know no law will be in place for the Diaspora voters such as myself.
Speaking boldly, the best present the current lawmakers can give to themselves, their political parties and to Kenyans in general is the passage of the Political Parties Bill 2007. Once it has been legislated and sent to State House for assent, President Kibaki needs to sign it and make into law. Kenyans and Kenya needs this Political Parties Act.

omarahmedali@gmail.com
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Source: Sunday Times
April 15, 2007

http://www.timesnews.co.ke/15april07/editorials/bscripts.html

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