The Political Parties (Amendment) (No. 2) Bill, 2024

Background

The Political Parties (Amendment) (No. 2) Bill, 2024 seeks to amend the Political Parties Act, Cap. 7D. The Bill aims to implement recommendations and public views from the national dialogue discourse on electoral justice, fidelity to political parties and coalitions, and the establishment of state offices by replacing the single-person Office of the Registrar of Political Parties with a structured regulatory commission.

Key Amendments

• Replacing the Registrar: The Bill amends Sections 2 and 3 of the principal Act by deleting the definition of "Registrar" and replacing all references to the "Registrar" and "Office of the Registrar of Political Parties" with "Commission" (referring to the newly established Independent Political Parties Regulatory Commission).
• Repeal of Section 14A: The Bill repeals Section 14A of Cap. 7D, which governed the process and circumstances under which members were deemed to have resigned from their political parties.
• Repeal of Section 34: Section 34 of the principal Act, which defined the functions of the Registrar, is repealed.
• Amendment of Section 34C: Section 34C(1)(c) is amended to remove provisions allowing changes to political party records based on deemed resignations.

New Obligations

Commission Functions

Under the replaced Section 33, the newly established Independent Political Parties Regulatory Commission is tasked with:

• Registering political parties, their office holders, and party symbols.
• Managing and distributing the Political Parties' Fund.
• Ensuring the publication of audited annual accounts of political parties.
• Keeping and maintaining registers of members of registered political parties.
• Ensuring and verifying that no person is a member of more than one political party, and notifying the Independent Electoral and Boundaries Commission (IEBC) of findings.
• Certifying that independent candidates are not members of registered political parties and that their symbols do not resemble registered party symbols.
• Regulating political party nominations.
• Investigating complaints received under the Act.

Appointment and Composition of Commissioners

Section 33B dictates that the Commission shall consist of five commissioners appointed by the President with National Assembly approval, serving a non-renewable term of six years. Membership is structured as follows:

• Two members (one man, one woman) nominated by the parliamentary majority party or coalition.
• Two members (one man, one woman) nominated by the parliamentary minority party or coalition.
• One member nominated by the Parliamentary Service Commission representing non-parliamentary registered political parties.

Commissioners must elect a chairperson and a vice-chairperson of different genders from among themselves during their first sitting.

Staffing and Management

Section 33C gives the Commission powers to appoint its own staff in consultation with the Public Service Commission (PSC) and the Salaries and Remuneration Commission (SRC).

Transitional Provisions

Under Section 8 of the Bill, any individual employed as a staff member of the Office of the Registrar of Political Parties immediately before the commencement of the Act is deemed to be a member of staff of the new Commission. These individuals will continue to serve under their existing terms and conditions of service.