NAIROBI, Kenya Jan 26 – Senators on Wednesday differed on the legality of the Political Parties Amendment Bill 2021 as its debate got underway in day-two of the special sitting.
House Majority Leader Samuel Poghisio who moved the Bill rooted for its passage noting that it was timely and that it would streamline the activities of political parties in the country.
“The importance of political parties for democracy, cannot be overstated. A healthy, resilient democracy is based on inclusiveness, which political parties and representative institutions are in a key position to safeguard,” he said.
He submitted that the Bill if passed would give political parties more autonomy by encouraging individuals and citizen participation and in the long strengthen democracy in the country.
“Without political parties, voters would have to individually evaluate every candidate in every election. Political parties however, enable the electorate to make judgments for just a few groups and then apply their judgment of the party to all the candidates affiliated with that group,” he said.
House Minority Leader James Orengo defended the constitutionality of the Bil noting that its provisions are lawful and that its opposition is largely political.
“I understand that there are those people whenever a new idea comes they will always be opposed to it,” he said.
Orengo drummed up support for the Bill submitting that it would give more clarity in the formation of political parties in the country.
“This Bill would make it possible for these coalitions to operate in such a way that every party and every individual who is a member of the party which forms part of that coalition would know that their rights are enshrined under a legal framework to deal with problems that may arise,” he said.
The Chair of the House Justice Legal Affairs and Human Rights Committee and Nyamira Senator Okongo Oognei who oversaw the public participation stage of the Bill noted that the legislative proposal received overwhelming support from members of the public and urged his colleagues to pass it.
“Out of 25 bodies and individuals that appeared before us, 21 of those public bodies, civil society, profession organizations and individuals are in support of this bill, that is in record,” he said.
Nairobi Senator Johnson Sakaja supported the Bill albeit with reservations and pleaded with his colleagues to ventilate on it soberly.
“What is good for the goose is also good for the gander. These laws won’t be applied to only one side of the elections. It’ll be applied to both sides. if it’s a bad law it is going to be bad for everyone if it is a good law it is going to be good for everyone,” he said.
Deputy President William Ruto allies put up a spirited fight noting that the Bill is retrogressive.
“This is a terrible, hopeless, useless Bill. This bill fails all tests. It fails the tests of drafting in terms of language. It fails the test of corresponding with other bills, including the Elections Act. It also fails miserably, the constitutional test, “ Elgeyo Marakwet Senator Kipchumba Murkomen said.
Nandi Senator Samson Cherarkey said it was unfortunate that a lot of effort was being put to pass an unconstitutional Bill.
“The report is disappointing and it does not live up to the standards. It will be embarrassing to the Senate if this Bill is passed, we will be embarrassed by the courts of law because these provisions contained in the Bill are unconstitutional, illegal, and they are being used by a few individuals to fight political wars,” he said.
29 Senators voted in support of the Bill against 7 paving the way for the Bill to be subjected to the Committee of the Whole House where members debated on the different amendments which were fronted by members.
The Senate is required to pass the Bill without any amendment to avoid any delays to its implementation.
Any amendment to the Bill by the Senate will result in the formation of a mediation committee comprising of the members of the bicameral Parliament.
