The Political Parties (Amendment) (No. 2) Bill, 2024 REPUBLIC OF KENYA PARLIAMENT SENATE BILLS (Bill No. 26 of 2024) THE POLITICAL PARTIES (AMENDMENT) (NO. 2) BILL, 2024 (A Bill published in the Kenya Gaze/te Supplement No. 96 of 7" May, 2024 and passed by the Senate, with amendments, on 5" December, 2024.)
The Political Parties (Amendment) (No. 2) Bill, 2024 THE POLITICAL PARTIES (AMENDMENT) (NO. 2) BILL, 2024 A Bill for AN ACT of Parliament to amend the Political Parties Act, Cap. 7D; and for connected purposes. ENACTED by the Parliament of Kenya as follows— Short title and commencement. 1. This Act may be cited as the Political Parties (Amendment) Act, 2024 and shall come into force upon publication in the Gazette. Amendment of section 2ofCap. Amendment of ee a Amendment of ap. 4 Repeal of section 14A of Cap. 7D. Amendment of section 32 of Cap. 7D. 2. Section 2 of the Political Parties Act (hereinafter referred to as the "principal Act") is amended by— (a) deleting the definition of the word "Commission" and substituting therefor the following new definition— "Commission" means the Independent Political Parties Regulatory Commission established under section 33; (b) by deleting the definition of the term "Registrar". 3. Section 21 of the principal Act is amended by deleting subsection (7) and substituting therefor the following new subsection — (7) A political party which is dissatisfied with the decision of the Commission under subsections (1) or (2) may appeal to the High Court against the decision. 4. The principal Act is amended— (a) by deleting the word "Registrar" wherever it appears and substituting therefor the word "Commission"; and (b) by deleting the words "Office of the Registrar of Political Parties" wherever they appear and substituting therefor the word "Commission". 5. The principal Act is amended by repealing section 14A. 6. Section 32 of the principal Act is amended by — . . oo, . (a) deleting subsection (1) and substituting therefor the following new subsection — (1) The Commission shall keep proper books of account of the income, expenditure and assets of the Commission. (b) by deleting subsection (2) and substituting therefor the following new subsection — (2) Within a period of three months after the end of a financial year, the Commission shall submit to the Auditor-General, the accounts of the Commission 2
The Political Parties (Amendment) (No. 2) Bill, 2024 Repeal and replacement GF section 33 of Cap. 7D. together with— (a) a statement of the income and expenditure of the Commission during that year; and (b) a statement of the assets and liabilities of the Commission during that year. 7. The principal Act is amended by repealing section 33 and substituting therefor the following new sections— Establishment of the Pais Bacvldear Commission. Functions of the Commission. 33. (1) There is established a Commission known as the Independent Political Parties Regulatory Commission. (2) The Commission shall be a body corporate with perpetual succession and a seal, and shall be capable, in its own name of— (a) acquiring and disposing of property; (b) suing and being sued; and (c) doing or performing all such acts and things as a body corporate may by law do or perform 33A. (1) The Commission is responsible for — (a) the registration of political parties and their office holders; (b)the management of the Political Parties' Fund established under this Act; (c) ensuring the publication of audited annual accounts of political parties; (d)the verification and making publicly available the list of all members of political parties; (e) keeping and maintaining a register of members of registered political parties; (f) maintaining a register of political parties and the symbols of the political parties; (g)ensuring and verifying that no person is a member of more than
The Political Parties (Amendment) (No. 2) Bill, 2024 —— Qualifications for appointment member of the Commissian, parties in Parliament; and (c) one member nominated by the Parliamentary Service Commission being a representative of nonparliamentary registered political parties. (3) The members of the Commission shall elect a chairperson and_ vice chairperson from among themselves— (a) at the first sitting of the Commission; and (b) whenever it is necessary to fill a vacancy in the office of the chairperson and vicechairperson. (4) The chairperson and_ vice chairperson of the Commission shall not be of the same gender. 33C. (1) A person is qualified for appointment as member of the Commission 1! that person— (a) holds a degree from a university recognised in Kenya; (b) has proven knowledge and experience in any of the following fields— (i) finance; (ii) management; (iii) political science; (iv) electoral matters (v) law; (vi) | governance; or (vii) public administration; (c) has at least ten years post qualification experience in the relevant areas of expertise; and (d) meets the requirements of Chapter Six of the Constitution. (2) A person is not qualified for appointment as a member of the Commission if the person — (a) has, at any time within the 5
The Political Parties (Amendment) (No. 2) Bill, 2024 Tenure of office. Vacancy in the office of a member of the Commission. preceding five years, held office or stood for election for any elective position in Kenya or as a member of a governing body of a political party; (b) is an undischarged bankrupt; or (c) has been removed from office for contravening the provisions of the Constitution or any other law. (3) A person who serves as a member of the Commission is not eligible to contest for any elective position or as a member of a governing body of a political party within five years of the person ceasing to be a member of the Commission. 33D. (1) The members of the Commission shall be appointed for a single term of six years and are not eligible for reappointment. (2) The members of the Commission shall serve on a full-time basis. 33E. (1) The office of a member of the Commission shall become vacant if the holder— (a) dies; (b) resigns from office by notice in writing addressed to the President; or (c) is removed from office in accordance with section 33F. (2) The President shall publish a notice of a vacancy in the Gazette within seven days of the occurrence of such vacancy. (3) Whenever a vacancy arises under subsection (1), the nominating body shall, within sixty days from the date of publication of the vacancy, competitively recruit and submit the name of the nominee to the President for appointment. (4) The members of the Commission shall, before assuming office, take and subscribe to the oath or affirmation prescribed in the Fourth Schedule. 33F. (1) A member of the Commission may be removed from office only on grounds of— Removal from office. 6
The Political Parties (Amendment) (No. 2) Bill, 2024 Removal of the secretary. Powers of the Commission to appoint staff. Kenya; (c) has had at least ten years proven experience at management level; (d) has extensive experience in public administration; and (e) meets the requirements of Chapter Six of the Constitution. (4) The secretary shall hold office for a term of five years and shall be eligible for re-appointment for a further term of five years. 33J. (1) The secretary may be removed from office by the Commission in accordance with the terms and conditions of service for— (a) inability to perform the functions of the office of secretary arising out of physical or mental incapacity; (b) gross misconduct; (c) incompetence or neglect of duty; (d) violation of the Constitution; or (e) any other ground that would justify removal from office under the terms and conditions of service. (2) Before the secretary is removed under subsection (1), the Secretary shall be given— (a) sufficient notice of the allegations made against him or her; and (b) an opportunity to present his or her defence against the allegations 33K. The Commission shall have the power to appoint such other staff as may be necessary for the proper discharge of its functions under this Act and on such terms and conditions of service as_ the Commission may determine in consultation with the Salaries and Remuneration Repeal of section 34 of Cap. 7D. 9
The Political Parties (Amendment) (No. 2) Bill, 2024 Repeal of section 34A of Cap. 7D. Amendment of section 34C of Cap. 7D. Repeal of section 36 of Cap. 7D. Repeal of section 37 of Cap 7D. Amendment of = 380fCap , ee section Oo Cap. 7D. Repeal and sustains Commission. 8. The principal Act is amended by repealing section 34. 9. The principal Act is amended by repealing section 34A. 10. Section 34C of the principal Act is amended — . . . , (a) in subsection (1) by deleting the words "or is deemed to have resigned from the political party and the Registrar has been notified of the resignation" appearing in paragraph (c); and (b) by deleting subsection (4) and substituting therefor the following new subsection — (4) A political party that is dissatisfied by the decision of the Commission under subsection (1) may appeal to the High Court. 11. The principal Act is amended by repealing section 36. 12. The principal Act is amended by repealing section 37. 13. Section 38 of the principal Act is amended in subsection (3) by inserting the words "Independent Electoral and Boundaries" immediately after the words "between the Registrar". 14. Section 40 of the principal Act is amended in subsection (1) : by deleting paragraph (f). 15. The principal Act is amended by repealing the Sixth Schedule and substituting therefor the following new schedule — SIXTH SCHEDULE (s. 33G) MEETINGS AND PROCEDURE OF THE COMMISSION 1. Meetings (1) The Commission shall decide when and where it meets and the meetings shall be convened by the chairperson. (2) The Commission shall have at least four meetings in every financial year and not more than four months shall elapse between one meeting and the next meeting. (3) Unless three members otherwise agree, at least seven days' notice in writing of a meeting shall be given to every member. (4) A meeting shall be presided over by the chairperson or in 10
The Political Parties (Amendment) (No. 2) Bill, 2024 the absence of the chairperson, by the vice-chairperson. (5) The Commission may invite any person to attend any of its meetings and to participate in its deliberations, but such person shall not have a vote in any decision of the Commission. 2. Committees of the Commission (1) The Commission may, from time to time, establish committees for the better carrying out of its functions. (2) The Commission may— (a) co-opt into the membership of a committee established under subsection (1) other persons whose knowledge and skills are necessary for the functions of the Commission; (b) hire such experts or consultants as are necessary for the functions of the Commission. 3. Conflict of interest (1) If any person has a personal or fiduciary interest in any matter before the Commission, and is present at a meeting of the Commission or any committee at which any such matter is the subject of consideration, that person shall as soon as is practicable after the commencement of the meeting, declare such interest and shall not take part in any consideration or discussion of, or vote on any question touching such matter. (2) A disclosure of interest made under subparagraph (1) shall be recorded in the minutes of the meeting at which it is made. (3) A person who contravenes subparagraph (1) commits an offence. (4) No member or staff of the Commission shall transact any business or trade with the Commission. 3. Quorum Subject to subparagraph (2), the quorum of the meeting shall be three members. 4. Voting A question before the Commission shall be decided with a supporting vote majority of the members present. 5. Rules of procedure and minutes The Commission shall— (a) determine rules of procedure for the conduct of its business; and (b) keep minutes of its proceedings and decisions. 11
The Political Parties (Amendment) (No. 2) Bill, 2024 Savings and Transition provision. 16. On the commencement of this Act — — (a) all the funds, assets and other property movable and immovable which immediately before that day, were held in the name of the Office of the Registrar of Political Parties shall, without further assurance, vest in the Commission; (b) all rights, powers, liabilities and duties, whether arising under any written law or otherwise, which immediately before that day were vested in, imposed on or enforceable by or against the Office of the Registrar of Political Parties shall, be transferred to, vested in, imposed on or enforceable by or against the Commission; (c) all actions, suits or legal proceedings pending by, against or before the Office of the Registrar of Political Parties shall be carried on or prosecuted by, against or before the Commission; (d) all records kept, certificate issued, actions taken and decisions made by the Office of the Registrar of Political Parties shall, deemed to have been kept, issued or made by the Commission; (e) a person who immediately before that day was a member of staff of the Office of the Registrar of Political Parties shall be deemed to be a member of staff of the Commission and shall continue to serve under the same terms and conditions.