Senate’s JLAC team mulls 7 amendments on Azimio Bill after IEBC dissent » Capital News

NAIROBI, Kenya Jan 21 – The Senate Justice and Legal Affairs Committee (JLAC) could propose at least seven changes to the Political Parties Amendment Bill of 2021 when the Senators resume sittings on Tuesday.

The changes will seek to accommodate proposals made by key stakeholders including the electoral commission — IEBC.

“The committee will retreat from this afternoon to look into the memoranda and start preparing our report that will tabled in a special sitting next week for debate and we will expect the Senators to vote during the sitting,” said Senator Okongo Omogeni who chairs the committee.

Omogeni didn’t however disclose the contentious clauses in the Political Parties Bill that have attracted amendment from various stakeholders who submitted their memoranda.

“I cannot single out specific clauses but we have received views virtually from the entire bill so there is no single clause I can point out. I know that will be evident once we submit the report before the house come next week,” stated Omogeni.

A member of the committee told Capital News the committee will consider proposals presented during a two-day public participation session which concluded on Friday before submitting its findings, further saying the committee could generate as many as seven amendments.

The Independent Electoral and Boundaries Commission (IEBC), for instance, raised an issue with proposed timelines for formation of coalitions citing a conflict with the Election Act of 2011.

The poll agency also raised an issue with the definition of a “coalition political party” saying the proposal creates ambiguity on what then constitutes a coalition of political parties under the existing framework.

The commission argued that the Election Act under Section 31 provides for nomination of candidates of political parties which leave a gap in the case of a coalition party.

“What then constitutes a coalition of political parties where constituent members of the individual political parties are still able to field individual candidates?” IEBC Chairperson Wafula Chebukati asked.

The commission also raised issues with the amendments on timelines to register a political party from 180 days to 270 days as well as the deadline to register a coalition to 120 days before the polls.

The Chebukati-led commission observed that the 120-day timeline will clash with the six-month deadline in the Elections Act for parties to provide nomination rules.

“Timelines are not aligned with electoral timelines. Commission is required to review nomination rules of any party participating in an election 6 months before the nominations. At what time does the commission review nomination rules of a coalition party?” he  posed.

While presenting her submissions, the Registrar of Political Parties Anne Nderitu supported the Bill saying it will ensure effective management of political outfits as well as address the overlap in the mandate between her office and IEBC.

Nderitu defended the Bill saying it will cure the issue of regulation of party primaries, funding of political parties and timeline for formation of coalition party as well as membership of political parties.

“The bill addresses the lessons and experiences from previous electoral cycles including challenges faced during party primaries in previous electoral cycles,” said Nderitu.

The Registrar of Political parties however raised issues with Clause 26 that provides for appointment of ad hoc members of the  tribunal six months to the polls to ensure expeditious hearing of disputes.

Nderitu insisted that the Judicial Service Commission should appoint members 120 days to the polls.

“It should be changed to 120 days for pragmatism and noting the activities in the election calendar,” she said.