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{
"id": 1569492,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1569492/?format=api",
"text_counter": 447,
"type": "speech",
"speaker_name": "Hon. Martha Wangari",
"speaker_title": "The Temporary Speaker",
"speaker": null,
"content": " Leader of the Majority Party."
},
{
"id": 1569493,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1569493/?format=api",
"text_counter": 448,
"type": "speech",
"speaker_name": "Kilifi North, UDA",
"speaker_title": "Hon. Owen Baya",
"speaker": null,
"content": " Hon. Temporary Speaker, I beg to move that the Political Parties (Amendment) (No.2) Bill (Senate Bill No. 26 of 2024) be now read a Second Time. By way of introduction, the Bill seeks to amend the Political Parties Act 2011. As I set off, the import of this amendment is to replace the Office of the Registrar of Political Parties with the Independent Political Parties Regulatory Commission. That is simply what it is about. I can go into the details, but I would like Kenyans and everyone to know what this Political Parties Bill is about. We have been used to the Office of the Registrar of Political Parties and the Registrar of Political Parties, but we are transforming the office of the Register of Political Parties now into a commission so that it can have the independence as provided in Chapter 15 of the Constitution on the commissions and independent offices in the Constitution. As a background, the National Assembly and the Senate resolved to establish the famous National Dialogue Committee (NADCO) to facilitate dialogue, consensus-building, The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
},
{
"id": 1569494,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1569494/?format=api",
"text_counter": 449,
"type": "speech",
"speaker_name": "Kilifi North, UDA",
"speaker_title": "Hon. Owen Baya",
"speaker": null,
"content": "and recommend appropriate constitutional legal policy reforms on issues of concern to the people of Kenya. At that particular time, when the NADCO Committee sat in the bipartisan talks, the talks were narrowed down to the following thematic areas. One of them was electoral justice and related matters; outstanding constitutional matters; fidelity to political parties or coalition parties and the law on multiparty democracy; entrenching funds into the Constitution; and establishment and entrenchment of state offices. This Bill is born out of that NADCO discussion and the Report that was tabled in this House. With respect to fidelity to political parties or coalition parties and the law on multiparty democracy, NADCO recommended amendments to the Political Parties Act 2012 to establish the Political Parties Regulatory Commission. This is what this Bill is about. Hon. Jared Okello, I can see you are listening attentively. Following the adoption of the NADCO Report by both Houses, the Speakers and Leadership Offices deliberated on the modalities of implementing the recommendations contained in the Report and agreed that the Political Parties (Amendment) (No.2) Bill (Senate Bill No. 26 of 2024) be introduced in the Senate. It is an agreement that some Bills be introduced in the National Assembly and others be introduced in the Senate. This Bill was introduced in the Senate with amendments on 5th December 2024. The Bill was then referred to the National Assembly and was read a First Time on 13th February 2025. Pursuant to the Standing Orders, the Bill was committed to the Departmental Committee on Justice and Legal Affairs, chaired by Legal Counsel, Hon. Murugara, the Member for Tharaka, to facilitate public participation and thereafter report to the House to inform debate. I always think Tigania and Tharaka are the same."
},
{
"id": 1569495,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1569495/?format=api",
"text_counter": 450,
"type": "scene",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "(Laughter)"
},
{
"id": 1569496,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1569496/?format=api",
"text_counter": 451,
"type": "speech",
"speaker_name": "Kilifi North, UDA",
"speaker_title": "Hon. Owen Baya",
"speaker": null,
"content": "Allow me to delve into the contents of the Bill so that we can easily understand it. The Political Parties (Amendment) Bill, 2024, proposes a raft of amendments to the Political Parties Act of 2011. Clause 2 of the Bill seeks to amend Section 2 of the Principal Act by deleting the definition of the word “commission.” We aim to replace this definition specifying that the commission shall mean the Independent Political Parties Regulatory Commission, which is established under Section 33 of this Bill. The clause also deletes the definition of the term “registrar.” If you recall, we now have the Registrar of Political Parties. Hon. Temporary Speaker, clause 3 of the Bill seeks to amend Section 21 of the Principal Act by deleting Section 7. This will be substituted with a new subsection allowing a political party that is dissatisfied with a decision made by the commission to appeal to the High Court. Initially, one would go to the tribunal to appeal, but now one may appeal directly to the High Court against the decision of the commission if there is disagreement with that decision. Clause 5 of the Bill repeals the whole Section 14(a) which provides for the resignation from a political party. I am sure Hon. Murugara will speak more on this because he will second the Bill. I am actually preparing him to second, so Hon. Murugara, get ready. Clause 6 of the Bill amends Section 32 of the Principal Act by deleting subsection 1 and substituting it with a new subsection. Further, subsection 2 of the Act is substituted and replaced with further sub-clauses to address the issue of financial audit reports and the accompanying documents to be filed at the end of every financial year and submitted to the Attorney-General. This amendment is a deliberate step towards fostering accountability within our political parties. Political parties are funded by taxpayers' money, and therefore, we demand accountability. Just as Hon. Jack Wamboka demands accountability in universities and colleges, we also require accountability in political parties. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
},
{
"id": 1569497,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1569497/?format=api",
"text_counter": 452,
"type": "speech",
"speaker_name": "Kilifi North, UDA",
"speaker_title": "Hon. Owen Baya",
"speaker": null,
"content": "We fund these political parties; they receive a significant amount of money but, we often do not see any activities from these parties. Frequently, only the Chairman, the Secretary- General, and a few members hold a couple of meetings and utilise these funds. If we are going to fund political parties and if they must continue receiving money from the Exchequer, we expect accountability from them. Some individuals form briefcase parties, secure one or two members in the National Assembly, one in the Senate, and a few in local assemblies, such as the one where Hon. Jack comes from then they end up receiving money from the Exchequer."
},
{
"id": 1569498,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1569498/?format=api",
"text_counter": 453,
"type": "speech",
"speaker_name": "Bumula, DAP-K",
"speaker_title": "Hon. Wanami Wamboka",
"speaker": null,
"content": " On a point of order."
},
{
"id": 1569499,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1569499/?format=api",
"text_counter": 454,
"type": "speech",
"speaker_name": "Kilifi North, UDA",
"speaker_title": "Hon. Owen Baya",
"speaker": null,
"content": " Hon. Speaker, you cannot allow a point of order because I am moving the Bill. We want those parties, even if it is a village party with only three Members of the County Assembly in that village, to account for every cent they receive. This new subsection ensures that accountability is prime. Clause 7 of the Bill repeals and replaces the whole Section 33 of the Principle Act. This clause provides for the establishment of the Independent Political Parties Regulatory Commission, which seeks to replace the current Office of the Registrar of Political Parties (ORPP). Subclause 2 establishes the Commission as a body corporate with perpetual succession, capable of acquiring and disposing of properties, suing and being sued, and performing all such acts and functions as a body corporate. This is a common clause across all commissions, so I do not need to belabour that. Clause 7(3) highlights the functions of the Commission, emphasising that in the performance of its functions, the Commission shall be independent—I appreciate the importance of the word independent—and not subject to the direction or control of any individual or authority. This is what Kenyans have been demanding. The Office of the Registrar of Political Parties was perceived as an appendage of the Executive. It fell under the Office of the Attorney-General, thus lacking much independence. Much like the Chapter 15 Commissions established in the Constitution, this Commission takes on a new form where it remains independent and is not subjected to any individual or authority, including myself. Clause 7 also outlines the membership of the Commission which will comprise five members: two members, one man and one woman, nominated by the majority party or coalition of parties in Parliament; two members, one man and one woman, nominated by the minority party or coalition of parties in Parliament; and one member nominated by the Parliamentary Service Commission (PSC), representing a non-parliamentary registered political party. Thus the majority will have their share of two members, the minority will have their two members, and those not in Parliament will also have an opportunity to nominate one member. I do not know whether we will experience the same saga as we did during the Independent Electoral and Boundaries Commission nominations, where various names were proposed without reaching an agreement, thus delaying the entire process. I think we also missed an important point, which is open to debate, and which Hon. Murugara will elaborate on for us: what about the independent members currently in Parliament? Do they have the opportunity to make a nomination, or should we disregard them simply because they are independent and do not require any affiliation? This is certainly food for thought. Clause 7 also outlines the qualifications necessary for appointment as a member of the Commission. These qualifications include the requirement to hold a degree from a university recognised in Kenya, demonstrated knowledge and experience in any of the specified fields, ten years of post-qualification experience in relevant areas of expertise, and compliance with the requirements set forth in Chapter 6 of the Constitution. Furthermore, this clause elaborates the grounds for disqualification from appointment as a member of the Commission. The ten years of post-qualification experience is crucial, as is the requirement for a degree. I appreciate this Bill because it does not limit us to the conventional notion that one must be a lawyer or a judge. Almost all commissions require one to be a lawyer or in that field. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
},
{
"id": 1569500,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1569500/?format=api",
"text_counter": 455,
"type": "speech",
"speaker_name": "Kilifi North, UDA",
"speaker_title": "Hon. Owen Baya",
"speaker": null,
"content": "It seems as though the prevailing view is that law is the only profession of significance in this country. This is commendable legislation. Clause 7 also emphasises that the tenure of the office will be a term of six years; this aligns with the structure of independent commissions. Members will serve for six years and will not be eligible for reappointment, and they shall operate on a full-time basis. Additionally, the clause specifies situations in which a seat on the Commission can be declared vacant and outlines the procedures for replacing that vacancy. This clause is packed. The Bill lays out the grounds for removal from office, which include serious violations of the Constitution or this Act, gross misconduct in the execution of the members' or office holders' functions, physical or mental incapacity to perform the duties of the office, bankruptcy, incompetence, and other reasons that may warrant removal from the Commission. Clause 7 also details the procedures the Commission must follow to conduct its business and affairs in accordance with the Sixth Schedule. The terms and conditions of service for the Commission state that the salaries and allowances, as well as other terms and conditions for the members of the Commission, shall be determined by the Salaries and Remuneration Commission (SRC). Furthermore, Clause 7 of the Bill further provides for the position of the secretary to the Commission. It outlines the qualifications for appointment, the tenure of the office, and grounds or reasons for the removal of a secretary. Clause 7 of the Bill seeks to give the Commission powers to appoint staff necessary for the proper discharge of its functions under this Act. When the Commission wants to hire, it must do it in consultation with the Salaries and Remuneration Commission (SRC) in terms of the salaries available to them. For those people looking for jobs, I want to tell them that new jobs are being created here. The salaries will be good and so they can apply. Clause 10 of the Bill seeks to amend Section 34 of the principal Act by deleting the words “or is deemed to have resigned from the political party and the registrar has been notified of the resignation appearing in Paragraph C”. Sub-Clause (b) deletes and substitutes a new section that reads: ‘‘if a political party if dissatisfied by the decision of the Commission, it may appeal to the High Court. Hon. Temporary Speaker, as I wind up, Clause 15 of the Bill amends the Sixth Schedule of the principal Act and substitutes it with a new schedule in respect to the newly established Commission. This is a new Commission, and so, Schedule 6 is substituted with a new Schedule, which is available in the Bill. Members can look at it and familiarise themselves. The Amendment Bill is part of the Bills highlighted in the National Dialogue Committee (NADCO) Report, which plays a pivotal role in the realisation of the National Development Agenda. In conclusion, I urge honourable Members to support this Bill because it promotes fidelity to political parties. Currently, we are witnessing members of a certain political party pay allegiance to other parties, either new or old, and end up moving out of the parties they swore to defend. My party, the United Democratic Alliance (UDA), which is the majority party, has always upheld fidelity to the law. A few errant members who want to subscribe to other funny parties are free to do so, but the law will catch up with them. I ask Members of Parliament to remain within their parties and subscribe to them. They should stop the idea of going out to look for new suitors while already married to someone. They need to stop that, and I urge them to listen to me: please stop. If you belong to the UDA party, belong to it and subscribe to it. If you have a new suitor, you should resign and seek re-election under the new suitor instead of having one leg here and the other one there. That is one way of destroying political party democracy in our country. We must guard against this destruction. As a party, we will not poach members, but we will enter into coalitions as provided for in this Bill. We will look for friends to work with, but we are not telling them to join our party. We are telling them to remain The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
},
{
"id": 1569501,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1569501/?format=api",
"text_counter": 456,
"type": "speech",
"speaker_name": "Kilifi North, UDA",
"speaker_title": "Hon. Owen Baya",
"speaker": null,
"content": "in their party, but let us collaborate and develop Kenya. We must respect our parties and stay there. I beg to move, Hon. Temporary Speaker. I request the legal counsel, the Member for Tigania, Hon. Murungaru, to second this important Bill. Thank you very much."
}
]
}