HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept
{
"id": 248780,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/248780/?format=api",
"text_counter": 69,
"type": "speech",
"speaker_name": "Ms. Karua",
"speaker_title": "The Minister for Justice and Constitutional Affairs",
"speaker": {
"id": 166,
"legal_name": "Martha Wangari Karua",
"slug": "martha-karua"
},
"content": " Mr. Speaker, Sir, I beg to reply. (a) Political parties are societies within the meaning of the Societies Act, Cap.108, Laws of Kenya. The section that empowers the Registrar-General, who is also the Registrar of Societies, to determine disputes is Section 18 of the Societies Act, which provides as follows:- \"If the Registrar is of the opinion that a dispute has occurred amongst members or officers of a registered society, as a result of which the Registrar is not satisfied as to the identity of persons who have been properly constituted as officers of the society, the Registrar-General may, by order in writing, require the society to produce to him within one month of the service of the order, evidence of the settlement of the dispute and of proper appointment of the lawful officers of the society or of the institution of proceedings for the settlement of such a dispute. If an order under Sub-section 1 of this section is not complied with to the satisfaction of the Registrar within the period which the Registrar may allow, the Registrar may cancel the registration of the society.\" In other words, the Registrar has no legal role to settle disputes, but he can order a society to commence arbitration proceedings or proceedings in court to settle the dispute. In normal practice, while trying to implement Section 18(1) the Registrar may deem it fit to call both the warring parties and, as an impartial office, may make a ruling on the facts as placed before him by both parties. The Registrar's decision is not final, and any party aggrieved can seek redress in the High Court. In other words, the Registrar merely seeks clarification from the parties in order to make a decision on which group to register. The final word lies with a court. Under our current law, there is no mechanism in place for the resolution of political party disputes. This is one of the reasons why the Government has initiated the drafting of the Political Parties Bill, which has been done in consultation with the various stakeholders, and it will soon be brought before this august House. To fill the vacuum created by having no proper mechanisms to deal with the resolution of political party disputes, a practice has emerged in the Office of the Registrar-General whereby this office seeks clarification from the parties in dispute. When any dispute is brought to its attention, the office may seek clarification either orally or in writing. The office of the Registrar-General is bound to observe the principles of administrative law and, in particular, the principles of natural justice, which include the right to be heard and there should be no bias towards any of the parties. All parties must be given a chance to put forward their case. You will note that there is no legal obligation for the Registrar-General to hold any court, but, gratuitously, he/she may seek May 31, 2006 PARLIAMENTARY DEBATES 1067 clarification. (b) Mr. Speaker, Sir, any party aggrieved by the actions of the Registrar-General, may appeal to the High Court. We have several cases pending on this issue."
}