The Political Parties (Amendment) Bill, 2024
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
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Executive
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Final
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Independent Regulatory Commission Established
Repeals Section 33 of the Political Parties Act, 2011 to establish the Independent Political Parties Regulatory Commission. This independent office will manage political party registration, oversee the Political Parties Fund, and certify independent candidates without external control.
Abolition of 'Coalition Political Party' Classification
Amends Section 2 and Section 7 of the principal Act to delete definitions and special registration pathways for coalition political parties, bringing all entities under standard political party rules.
Collegiate Commission with Parliamentary Nominees
Establishes a five-member commission nominated by parliamentary leaders to ensure balanced representation:
- Two members (one man, one woman) nominated by the majority party or coalition.
- Two members (one man, one woman) nominated by the minority party or coalition.
- One member representing non-parliamentary registered political parties.
Strict Six-Year Non-Renewable Terms
Under the new Section 33B(3), commissioners of the Regulatory Commission will serve a single, non-renewable term of six years to maintain institutional independence.
Bill No.
Senate Bill No. 13 of 2024
Gazette No.
Supplement No. 55 of 2024
Sponsors
AARON CHERUIYOT, Stewarts Madzayo
Background
Under the Political Parties Act, 2011 (No. 11 of 2011), the Office of the Registrar of Political Parties has served as the sole regulatory state office for political movements in Kenya. The Political Parties (Amendment) Bill, 2024 seeks to alter this governance structure by shifting regulatory authority to an independent, multi-member commission and eliminating the legal classification of "coalition political parties."
Key Amendments
- Abolishing the Registrar Role: Section 3 of the Bill mandates the deletion of the word "Registrar" throughout the principal Act and substitutes it with "Regulatory Commission."
- De-recognition of Coalition Political Parties: Amends Section 2 to delete the definition of "coalition political party" and paragraph (b) of the definition of "political party." Section 7 is amended by deleting subsections (6), (7), and (8), which previously governed the registration and compliance exemptions for coalition political parties.
- Repealing Member Resignation Provisions: Section 6 repeals Section 14A of the principal Act, which detailed when a member is deemed to have resigned from a political party.
- Repeal of Section 34: Section 9 repeals Section 34 of the principal Act concerning records of political parties.
- Deletions of Fund Provisions: Amends Section 26 by deleting subsection (1A) regarding the distribution of funds to coalition political parties.
New Obligations
- Independent Political Parties Regulatory Commission (Section 33A): Establishes a new body corporate responsible for:
- The registration of political parties and their office holders.
- The management of the Political Parties Fund.
- Ensuring the publication of audited annual accounts of political parties.
- Verifying and publishing the membership lists of registered political parties.
- Certifying that independent candidates are not registered party members and that their election symbols do not resemble those of registered parties.
- Commission Composition & Appointment (Section 33B): Establishes a five-commissioner panel appointed by the President with Parliamentary approval, comprising:
- Two members (one man, one woman) nominated by the majority party or coalition in Parliament.
- Two members (one man, one woman) nominated by the minority party or coalition in Parliament.
- One member nominated by the Parliamentary Service Commission representing non-parliamentary registered political parties.
- Term Limits: Commissioners shall serve a non-renewable term of six years.
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