NAIROBI, Kenya Jan 26 – The Senate has passed the Political Parties Amendment Bill 2021 without any amendments.
Twenty-Eight Senators voted for the passage of the Bill against four during the Wednesday special sitting.
Consequently, the Speaker of the Senate Ken Lusaka will transmit the Bill back to the National Assembly where Speaker Justin Muturi will hand it over to the President for assent.
The five-hour debate on the Bill was devoid of any chaos despite Deputy President William Ruto’s allies who were opposed to the Bill putting up a spirited fight.
Elgeyo Marakwet Senator Kipchumba Murkomen led his colleagues in opposing the Bill but their efforts was fruitless.
Murkomen, Samson Cherarkey (Nandi), Petronilla Were (nominated), Isaac Mwaura (nominated), Irungu Kang’ata (Murang’a) were some of the members who amendments to the Bill.
Kitui Senator Enoch Wambua who had an amendment withdrew.
“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,” Murkomen said.
Senator 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.
The implementation of the Bill will now pave way for the formation of coalition political parties in the country notably the Azimio La Umoja Coalition which is being led by ODM leader Raila Odinga.
Some legislators have however in the past threatened to move to court to challenge the constitutionality of the Bill.
House Majority Leader Samuel Poghisio had earlier during the debate rallied his colleagues in passing the Bill 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.
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