Connect with us

General News

Kenya: Registrar Arrests ANC Law Changes

Published

5 years ago

on

[ad_1]

The registrar of political parties has slammed breaks on the push to amend Amani National Congress constitution, dealing its leader Musalia Mudavadi a major blow in his bid to take total control of the party.

The party had on August 6 notified the public of the proposed change to its constitution, rules and regulations.

The move by the registrar, Ann Nderitu, exposes ANC’s legal team as Mr Mudavadi has already been sworn in as the party leader under the now contentious new constitution for the next five years.

The new constitution had also created a new organ called Amani Council, which had been designated as the second most powerful organ after the National Delegates Council (NDC).

Members of the council have also taken oath of office.

Automatic chair

It had also designated the party leader as the automatic chair of the NDC and also the boss of the Amani Council (AC).

On August 14, Ms Nderitu published a notice in the Kenya Gazette informing the public of the intended changes.

But in a letter to the party, she warns that the changes will take effect only if they complied with the provisions of the original ANC constitution and the Political Parties Act.

“The proposed changes shall only take effect upon conclusive satisfaction of the processes envisaged under the ANC party constitution and Section 20 of the Political Parties Act,” Ms Nderitu says in the August 19 letter to the party.

Section 20 of the Act provides that where a fully registered political party intends to change or amend its constitution, rules and regulations, the title, name or address of any party official or even its name, symbol, slogan or colour it shall notify the registrar of its intention who shall within 14 days after the receipt of the notification, publish the notice of the intended change or alteration in the Kenya Gazette.

It also requires the party giving notification to publish such notification in at least two daily newspapers with nationwide circulation.

After the expiry of 14 days from the date of publication of the notice in the media, the political party may, after taking into account any representations received from the public, effect the change or alteration in accordance with its constitution and rules.

Conceal information

In an objection to the registrar, Ms Angela Gathoni, a National Executive Committee (NEC) member, says the changes should not be effected as the process of its gazettement was contrary to the law.