The Political Parties (amendment) (no.2) Bill (senate Bill No. 26 Of 2024)

REPUBLICOFKENYA

PARLIAMENT

SENATEBILLS

(Bill No. 26 of 2024)

THE POLITICAL PARTIES (AMENDMENT) (NO. 2) BILL, 2024

(A Bill published in the Kenya Gazette Supplement No. 96 of 7h May, 2024 and passed by the Senate, with amendments, on 5th December, 2024.)

THEPOLITICALPARTIES(AMENDMENT) (NO.2)BILL,2024

A Bill for

ANACTofParliamenttoamend thePoliticalPartiesAct,Cap.7D;andfor connected purposes.

ENACTEDby theParliament ofKenya asfollows-

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.

Amendmentof section 2 of Cap. 7D.

Amendment of section21of Cap. 7D.

Amendmentof Cap. 7D.

Repeal of section 14A ofCap.7D.

Amendmentof section32of 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 thefollowing newdefinition—

"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) mayappeal to theHigh Court against thedecision.

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 -
• (a) deleting subsection (l) 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 theAuditor-General,the accounts of the Commission

Repeal and replacementof section33of 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 thefollowing newsections

Establishmentof the IndependentPolitical Parties Regulatory Commission.

Functionsof the Commission.

• 33.(1)Thereisestablisheda Commissionknownas theIndependent 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
• (t) doing or performing all such acts and things as abodycorporate mayby law do orperform

33A.\_(1) The Commission is responsible for —-

• (a)the registration of political parties and their office holders;
• (b)the managementof the Political Parties'Fund established under this Act;
• (c)ensuring the publication of audited annual accountsof political parties;
• (d)the verification and making publiclyavailable thelistof 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 andverifying that no person is a member of more than

Membershipofthe Commission.

• one political party and notifying the Independent Electoral and Boundaries Commissionofits findings;
• (h)certifying that anindependent candidate in an election is not a member of any registered political party;
• (i) certifying that the symbol intended tobe used by an independent candidate in anelection does not resemble the symbol of a registered political party;
• (j) certifying that the names appearing inapartylistarethenamesof members of the political party; presenting the party list;
• (k)regulating political party nominationsin accordance with this Act;
• (l) training politicalpartyelection agents upon the request and financing by the political party;
• (m)investigating complaints received under thisAct;and
• (n)such other functions as may conferred on the Commission by national legislation.
• (2) The Commission, in the performance of its functions, shall be independentandnotsubject tothedirection or control of any person or authority.
• 33B.(1)The Commissionshall comprise of five members nominated in accordance withsubsection (2) and appointed by the President with 1the approval of Parliament.
• (2) The members of the Commission shall be nominated as follows -
• (a) two members, one man and one woman, nominated by the majority party or coalition of parties in Parliament;
• (b) two members, one man and one woman, nominated by the minority party or coalition of

Qualifications appointment as memberof the Commission.

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 shallelect a chairperson and vice chairpersonfrom among themselves
• (a) at the first sitting of the Commission;and
• (b) whenever it is necessary to fill a vacancy in the officeof 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 if that person—
• (a) holds sa degree from a university recognised in Kenya;
• (b) has proven knowledge and experience in anyof the following fields—-
• (i) finance;
• (ii) management;
• (ii) political science;
• (iv) electoralmatters
• (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 1for appointment tas member of the Commissioniftheperson-
• (a) has, at any time within the

Tenure of office.

Vacancy in the office ofamemberofthe Commission.

preceding five years, held officeor stoodforelectionfor anyelectiveposition inKenya 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 noteligibleto contest for anyelectivepositionor asamemberof a governing body of a political party within fiveyears of the personceasing tobe a member ofthe Commission.

33D.(1)Themembersofthe Commission shall be appointed for a single term of sixyears and are not eligible for reappointment.

• (2) The members of the Commission shall serve on a full-time basis.

33E.(1) The office ofa member of the Commissionshallbecomevacantifthe holder--

• (a) dies;
• (b) resigns from office by notice in writingaddressed to the President; or
• (c)is removed fromofficein accordance with section33F.
• (2)The President shall publish a noticeofavacancyintheGazettewithin sevendays of the occurrenceof such vacancy.
• (3)Whenever a vacancy arises under subsection (1), the nominating body shall, withinsixtydays fromthe date of publication of the vacancy, competitively recruit and submit the name of the nominee to thePresidentfor appointment.
• (4)The members of the Commission shall, before assuming office, take and subscribetotheoathoraffirmation prescribed intheFourthSchedule.

33F.(1) A member ofthe Commission may be removed from office only on grounds of-

• (a) serious violation ofthe Constitution or of this Act;
• (b) gross misconduct whether in thep performanceofthe member's or office holder's functions or otherwise;
• () physical or mental incapacity toperform the functions of office;
• (d) bankruptcy; or
• (e) incompetence.

(2) A person desiring the removal of a member of the Commission shall present a petition to the Public Service Commission which shall be in writing,setting out the alleged facts constituting the grounds for theremoval ofthemember.

• (3) The Public Service Commission shall consider the petition and,if it is satisfiedthatitdisclosestheexistenceofa ground under subsection (l), send the petition to the President.
• (4) On receipt and examination of the petition, the President shall—

3. (a) suspend the member pending theoutcome of the petition; and 4. (b) appoint a tribunal in accordance with subsection (5). 5. (5)The President shall appointa tribunal consistingof 6. (a)achairpersonwhoshallbe nominated by the Judicial ServiceCommissionandwho shall be a person who is qualified to hold office as a judge of a superior court; 7. (b) two other persons, a man and a woman, who shall be nominated by the Law Society of Kenya and who shall be qualified to hold office as a

Procedureofthe Commission.

judge of a superior court; and

• (c) two persons, a man and a woman, who shall be nominated by the Association ofProfessionalSocietiesin EastAfricaandwhohave knowledge and experience in public affairs and are competent to assess the facts in respect of the particular ground for removal.
• (6)The tribunal shall, within thirty days, investigate the matter and report on thefactstothePresidentwhoshallactin accordancewiththerecommendation.
• (7)A person who is suspended under this section shall continue, while on suspension, to receive one-half of the remuneration and benefits of the office.
• 33G.(1) The business and affairs of the Commission shall be conductedin accordancewiththeSixthSchedule.
• (2) Except as provided in the Sixth Schedule, the Commission may regulate its own procedure.

Terms and conditions of service.

• 33H.Thesalaries andallowances payable to, and other terms and conditions ofserviceofthemembersofthe Commission shallbe determinedby the Salaries and Remuneration Commission.

Appointment of the secretary.

• 331.(1) There shall be a secretary to the Commissionwhoshallbecompetitively recruited and appointed by the Commission.
• (2) The secretary shall be -
• (a) the chief executive officer of the Commission; and
• (b) the head of the secretariat and shall be responsible to the Commission.
• (3)A person is qualified for appointment as a secretaryto the Commission if the person—
• (a) is a citizen of Kenya;
• (b) holds sa degree from a university recognized in

Removal ofthe 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 therequirementsof Chapter Six of the Constitution.

(4) The secretary shallhold office for a term of five years and shall be eligible for re-appointment for a further term of five years.

33J.(1)Thesecretary may be removed from officeby the Commissionin accordance with the terms and conditions of service for-

• (a) inability to perform the functionsoftheoffice of secretary arising 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 theterms and conditions of service.

(2)Beforethesecretaryis removed under subsection (1), the Secretary shall be given—-

• (a) sufficient notice of the allegations madeagainst him or her; and
• (b) an opportunity to present his or her defence against the allegations

33K.The Commissionshallhave the power to appoint such other staff as may be necessaryfor theproper discharge of its functionsunderthisActandonsuchterms and conditions of service as the Commission may determine in consultation withtheSalaries andRemuneration Repeal of section 34 of Cap. 7D.

Repeal of section 34A of Cap. 7D.

Amendment of section34Cof Cap. 7D.

Repeal of section 36 of Cap.7D.

Repeal of section 37of Cap 7D.

Amendmentof section38of Cap 7D.

Amendmentof section40of Cap. 7D.

Repeal and substitutingof the Sixth Schedule.

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 tohave resigned from the political party and the Registrarhasbeennotifiedoftheresignation" appearing in paragraph (c); and
• (b)by deleting subsection(4)and substituting therefor the following new subsection --
• (4)A political party that is dissatisfiedby 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).
• Schedule and substituting therefor the following newschedule-

SIXTHSCHEDULE

(s. 33G)

MEETINGSANDPROCEDUREOFTHECOMMISSION

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 financialyear andnot morethanfourmonthsshall 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 everymember.

5. (4)Ameetingshall bepresidedoverbythechairperson or in

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 anydecision of the Commission.

2. 2.Committees ofthe Commission 3. (1) The Commission may,from time to time, establish committeesfor thebettercarrying out ofitsfunctions.

• (2) The Commission may—

5. (a)co-optinto themembership ofacommittee established under subsection (1)other persons whose knowledge and skills are necessaryfor thefunctions of the Commission; 6. (b)hire such experts or consultants as are necessary for thefunctionsoftheCommission. 7. 3.Conflict ofinterest

• (1) If any person has a personal or fiduciary interest in any matter before the Commission,and ispresent at a meeting of the Commission or any committee atwhich any such matter is the subject of consideration, that person shall as soonas ispracticableafter 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 decidedwith a supporting vote majority of the members present.

• 5.Rulesofprocedureandminutes

The Commissionshall

• (a) determine rules of procedure for the conduct of its business;and
• (b) keep minutes of its proceedings and decisions.

Savings and Transition provision.

16.On thecommencement of thisAct--

• (a) all the funds, assets and other property movable and immovable whichimmediatelybeforethat 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 writtenlaw or otherwise,which immediately before that day were vested in,imposed on or enforceableby or against the Office of theRegistrar of Political Parties shall, be transferred to, vested in, imposed on or enforceable by or against the Commission;
• () all actions, suits or legal proceedings pending by, against or before the Office of theRegistrar of PoliticalParties 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 theRegistrar of Political Parties shall, deemed to have been kept,issued or made by the Commission;
• (e)a person whoimmediatelybefore that daywas a member of staff of the Office of theRegistrar of Political Parties shallbedeemedtobeamemberofstaffof the Commission and shall continueto serveunder the same termsandconditions.

p u s s pssd sn i go ao n e si uss pd s o December,2024.

Endorsed forpresentation to theNational Assembly in accordancewith theprovisions of standingorder161oftheSenateStandingOrders.

SpeakeroftheSenate

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