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"id": 35311,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/35311/?format=api",
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"type": "speech",
"speaker_name": "Mr. M. Kilonzo",
"speaker_title": "The Minister for Justice, National Cohesion and Constitutional Affairs",
"speaker": {
"id": 47,
"legal_name": "Mutula Kilonzo",
"slug": "mutula-kilonzo"
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"content": "Mr. Speaker, Sir, for a long time, political party democracy had been relegated to the periphery with parties being regarded as private associations with little or no formal regulation. This scenario will now be a thing of the past. With regard to this historical moment for the constitutional implementation, I request this House to bear in mind Article 4(2), Article 91, Article 92 and, for that matter, to look at the provisions of Article 93. These Articles have introduced a paradigm shift in the manner of conducting political party affairs. Correctly so, political parties must from now henceforth be seen as public institutions. Therefore, their regulation is a matter of national concern. Mr. Temporary Deputy Speaker, Sir, this Bill seeks to operationalise the constitutional principles in the provisions already cited. An association of persons or an organization that desires to operate or function as a political party must be registered and be ready to subject itself to public scrutiny. That is found in Clause 4(1) of the Bill. Similarly, in seeking registration, parties must first satisfy a set of conditions including requirements that the membership reflect regional and - I emphasize - ethnic diversity, gender balance and representation of minorities and marginalized groups. That is found in Article 7(2)(b) of the Bill. In addition, the governing body of a political party must be representative of all parts of the country. You will find that in Article 7(2)(c). The party must comprise of men and women of proven integrity. You will find that in Article 7(2)(d). The Bill also seeks to infuse fiscal discipline in the management of political parties’ affairs. To begin with, the Bill establishes a political parties fund to be administered by the Registrar. It will be observed that this will now be the third year running when we have a political parties fund. The fund is to be distributed proportionately as we have provided and proposed in this Bill by reference to the total number of votes secured by each political party in the preceding general election. You will find that in Clause 25. Even then, any party that receives money from the fund must ensure that 30 per cent of the sums received is used for promoting representation in Parliament of women, persons with disabilities, youth, ethnic and other minorities as well as marginalized communities. That is a very loud echo. It is also a very loud statement of the appreciation of Article 100 of the Constitution. You will find this provision in Clause 26(1) of the Bill. We have further proposed to regulate the use of funds given to political parties. Monies allocated to a registered political party from the fund must only be used for purposes compatible with democracy such as covering election expenses, civic education in democracy and electoral procedures, administrative and staff expenses of the political parties among others. Again, we have done a good job in Clause 8 of the Bill, but, of course, this House is the ultimate authority on legislation. We will welcome value addition to these proposals. Mr. Temporary Deputy Speaker, Sir, another significant feature of this Bill is the establishment of the Office of the Registrar of Political Parties as an independent office. I emphasize “as an independent office”. Since Independence and, particularly since 1969, the Office of the Registrar and now the Registrar of Political Parties has been used very haphazardly. I recall, and I think you were there with me, climbing over the gate leading to the Attorney-General’s Office to seek the registration of ODM. I recall such similar instances such as litigation in courts arising from orders issued from the Office of the Registrar that were, at the very least, tainted and contaminated with political influence by the powers that be at the time. Given the immense responsibility bestowed upon this Office, my Ministry has realized the importance of insulating the Registrar from political interference. I beg the forbearance of this House and you, Sir, to agree with this proposal so that we can move away from manipulation of this very important office, once and for all. We also believe that the holder of this Office must be recruited through a transparent and competitive process so as to inspire confidence of the Kenyan people in accordance with Article 10 of the Constitution. Consequently, we have established a very elaborate and open procedure that allows for public scrutiny at all levels during the recruitment of this very important office. You will find that in Clause 34 of the Bill. Mr. Temporary Deputy Speaker, Sir, therefore, we have proposed a dispute resolution mechanism that will nurture internal party democracy. I want to salute the Budget Committee because in its report it has recognized the importance of the political parties tribunal and although the original estimates had not assigned funding for that Tribunal, I am happy to say; and I do hope that it will be recognized that Parliament has played its role in assigning funding for the political parties tribunal because it is a very important tribunal. I can see my predecessor, hon. Martha Karua, who is, in fact, a distinct beneficiary of the quality and value of a distinctive Political Parties Tribunal in the issue of funding in the last financial year. Mr. Temporary Deputy Speaker, Sir, we propose---"
}