- The Jubilee administration has been on a campaign to tighten laws to block graft lords.
- The final call would be made by the Independent Electoral and Boundaries Commission.
Image: EZEKIEL AMING'A
Graft suspects eyeing elective seats in 2022 risk being barred from contesting if a new law is enacted.
A government sponsored bill is seeking to tighten laws governing political parties to provide for vigorous vetting of candidates prior to nominations by political parties.
Should MPs approve the Political Parties (Amendment) Bill, 2021, aspirants will now be required to seek EACC clearance before presenting themselves for party nominations.
The bill sponsored by Majority Leader Amos Kimunya is among the eight that President Uhuru Kenyatta implored MPs to expedite passage before the next elections.
Parties would thus be required to vet the candidates based on the recommendations of the Ethics and Anti-Corruption Commission upon review of the declarations made.
“A political party conducting party nominations shall ensure that each candidate makes and deposits a self-declaration form as prescribed in the Leadership and Integrity Act, 2012,” the bill sponsored by the Majority party reads.
Political parties would also be required to ascertain that a candidate possesses the qualifications to hold the elective office as specified in the Constitution or any other relevant law.
“A political party shall ensure that a candidate meets such other requirements as may be prescribed by the Constitution and nomination rules of the political party.”
The move may come as a blow to candidates facing corruption cases, which the EACC has over time stated as not qualified for nominations to hold elective posts.
The anti-graft agency, however, said the final call would be made by the Independent Electoral and Boundaries Commission.
Governors Okoth Obado (Migori), Muthomi Njuki (Tharaka Nithi), Sospeter Ojaamong (Busia), Moses Lenolkulal (Samburu), and Ali Korane (Garissa) are among big shots facing graft charges in court.
Former Nairobi Governor Evans Kidero is also eyeing the Homa Bay seat while Ferdinand Waititu seeks to make a comeback despite his impeachment on graft claims.
Dozens of MPs are also facing charges of graft, attempted fraud among other breaches of integrity laws hence presumably would not be eligible to contest in 2022 if laws are amended.
EACC reviews filled self-declaration forms and submits to the concerned agencies a confidential report on its findings and recommendations on the referenced candidate.
In what points to the urgency of the proposal, MPs on Thursday voted to reduce its publication period to six days setting stage for it to undergo First Reading.
Normally, a bill is read for the first time after 14 days after its publication in the Kenya Gazette, meaning the bill would have delayed due to the recess.
MPs also voted to provide that a bill published during the long break, or one that is due for First Reading during the period would be referred to House committees without any delay.
“The Speaker shall, upon lapse of at least three days following the publication of the Bill and following a determination that such Bill is of priority, forthwith refer such Bill to the relevant committee for consideration,” the new rule reads.
The Speaker would be required to cause the Bill to be read a first time in the next sitting and the Second Reading taken forthwith.
Bills which may lapse at the end of the fourth session have also been given a lifeline as well as petitions before various House committees.
In an earlier interview with the Star, lawyer Charles Kanjama said it would be an effort in vain for anyone to attempt to block a politico from vying.
“You cannot limit political rights that have been given by the constitution unless you amend the constitution itself," he said.
He made the sentiments against the backdrop of a proposal by President Kenyatta’s allies to bar persons facing serious crimes to step aside once charged.
The lawmakers sought that laws are amended to close lacunae in law that have barred anti-graft agencies from enforcing the integrity rules.
The political parties’ bill, which was first read on Thursday, further provides for the registration of coalitions as political parties.
If the bill is passed, parties would be required to publish their sources of funds in the new proposal which further posits that the registrar would develop a digital portal for managing parties.
It also provides that political parties would resolve disputes within 30 days after the date of nominations.
The proposed law posits that a tribunal shall not hear or determine disputes between members of a coalition political party.
“A coalition agreement shall provide for internal dispute resolution mechanisms,” the bill reads, adding aggrieved persons can appeals at the High Court.
The proposed law further makes it an offence to list a person as a member of political party without their consent.
It also proposes that the political parties’ registrar would draw regulations for conducting party nominations and that the outfits must have a website.
The bill also states that the Political Parties Registrar must certify nomination rules, party membership lists, as well as party lists, for nomination to Houses.
“The registrar shall verify the names in the party membership list and party list are of members of political party,” the bill reads.
It also provides that deregistered persons will continue serving as member of another party or move as independents.
The bill at the same time seeks to redefine disbursement of political parties’ cash to provide that 70 per cent be based on number of votes, 15 per cent based on number of candidates from special interest groups, 10 per cent on number of representatives, and five per cent for admin costs.
-Edited by SKanyara