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"id": 186999,
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"speaker_name": "Mr. Mungatana",
"speaker_title": "The Assistant Minister for Medical Services",
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"legal_name": "Danson Buya Mungatana",
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"content": " Thank you, Mr. Temporary Deputy Speaker, Sir, for giving me this opportunity to make my contribution to this Political Parties (Registration) Regulations, 2008. Mr. Temporary Deputy Speaker, Sir, first of all, may I start by congratulating the Minister for, very quickly, bringing these rules to the House, when the Political Parties Act started taking effect as from 1st July, 2008. We were informed that we have 180 days for political parties to actually comply with the rules that the Political Parties (Registration) Regulations, 2008, contain. I want to congratulate the Minister because, ordinarily, rules are normally gazetted by Ministers and, many times, they never bring them to this House. The House only has an opportunity to debate the main legislation and then after that, the Ministers just roll the rules in the Kenya Gazette. What happens is that you could have passed a very nice legislation and then, the rules are created such that they frustrate the very legislation that you have passed. So, I want to thank the Minister for Justice, National Cohesion and Constitutional Affairs for finding it wise to table these rules that are coming from the ECK to this House, for us to have a chance to debate them. Mr. Temporary Deputy Speaker, Sir, actually, out of the tabling of those rules, I had a chance to look at them and give a notice to move certain amendments, so that we can improve on them and make it easier for political parties to operate. I have special interest in political parties because I hold a position in NARC(K), as the National Organizing Secretary. I know the problems that exist in political parties. It is important for us to look at some of the rules that have been proposed here in a way that will help political parties operate, and not make life difficult for them. So, I have given notice in writing and I will move several amendments to these rules. The first amendment is on Rule No.5. I propose that in the second-last line, instead of the words \"within 14 days send notice thereof to the Registrar\" it should read \"within 30 days.\" That is an important provision because if there is an election and then there is a change of office bearers, this Rule is proposing that within 14 days, that must be done. The Registrar of Political Parties must be informed. Let us add the days to 30, so that political parties can get a chance to get organized and send the necessary returns, but not in such a hurry. Mr. Temporary Deputy Speaker, Sir, the second rule that will make it easier for political parties to operate is Rule No.6. That is the second amendment that I am proposing. I propose that the second-last line should read: \"Within 30 days of such change\", instead of \"within 14 days.\" Again, here, this is the Rule that provides for the notice of change of location of head office or postal address. Again, for practical reasons, if you are shifting from one location to another location, you will need time to settle. Political parties, the way they have been, would need more time. So, I propose that it should be 30 days instead of the 14 days. 2296 PARLIAMENTARY DEBATES July 31, 2007 Mr. Temporary Deputy Speaker, Sir, I want to propose the third amendment to the proposed Rule No.7(2). There is a provision for the Registrar to refuse to register a change in the name of a registered political party, where the proposed name--- They give reasons here. It gives the Registrar of Political Parties the power to refuse a change of name. I assume that it is also the power to refuse to register a political name. Now, what I wanted to provide for is in Sub Section 2(d). At the end there should be a proviso saying:- \"That provided, if for historical reasons, the names resemble, the name shall be allowed by the Registrar of Political Parties\". Mr. Temporary Deputy Speaker, Sir, for practical reasons, there are historical reasons why there is existence today of parties like FORD, FORD(A), FORD(K), NARC, NARC(K), ODM and ODM(K). We do not want a situation where the Registrar of Political Parties can say that in exercising this power, ODM and ODM(K) resemble and, therefore, they will not be registered and yet there are historical reasons for the existence of ODM and ODM(K). There are historical reasons for the existence of FORD, FORD(A) and FORD(K), NARC and NARC(K). I think for us to make life easy for political parties, that proviso must be in the proposed amendment of the rule. Mr. Temporary Deputy Speaker, Sir, the forth amendment I am proposing is to do with the Schedule to the rules. The First Schedule of these rules is on page six. If you look at the First Schedule, it proposes the things that must be contained in a political party. Now, this is very good. As the Minister said when moving this Motion, this provides a checklist. But, if you go to point (v) under the same rules on page seven and page eight, one of the things that a political party must have, according to these proposed rules, is the matters that must be set forth in the Constitution or rules. On page eight, item (9) says that it has to specify the district organisations of the party and their functions. \"District\" here, is not defined. Like the seconder of this Motion said, in order to take care of those concerns, I would propose that instead of the words, \"district organisations of the party and their functions\" it should read, \"the district/constituency branch organisation of the party and their functions\". This is so that for political parties that wish to operate from the provincial or Government districts, they could do so. Also, for political parties that wish to operate from the electoral areas of their constituencies, they are free to do so. Mr. Temporary Deputy Speaker, Sir, on the same breath, on item 10, instead of \"disciplinary measures against district branches,\" I propose it reads; \"disciplinary measures against district/constituency branches\". The reason is the same, so that those parties that wish to go to the constituency level can do so and those that wish to remain at the districts can do so. I will then turn to my second last proposal for amendment which is on page nine of the same rules entitled 20. Again, the rule proposes formation of district branches. I propose that it should instead read:- \"Formation of district/constituency branches\". This is based on the same reasoning so that political parties can operate as they wish. They should be given the same freedom."
}